Ten years after 2-year-old Kyra Franchetti was killed by her father during a court-ordered unsupervised visit, the bill bearing her name awaits Governor Kathy Hochul's decision. Kyra's Law (A6194C/S5998) passed the Senate 60-0 on June 4 and the Assembly on June 5, according to the New York State Senate, and the governor has until the end of the year to act. In August, advocates urging her to sign honored 46 children who have died in New York custody-related cases since 2016, as reported by CBS6 Albany.
For families in Rockland County going through a custody dispute, the bill would bring new deadlines and evidence rules into the courtroom, according to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. Parents on either side of an abuse allegation would need to be ready much sooner than they are today. The firm's family law lawyer in New City, NY provides counsel and representation to parents on custody, visitation, divorce, and related family court matters.
The legislation introduces four major changes. First, courts would have to hold an evidentiary hearing within 20 court days of a credible allegation of domestic violence or a risk to a child's safety. Second, judges would review order of protection and sex offender registries, police reports, and evidence of abuse patterns, without requiring formal certification. Third, a rebuttable presumption would bar unsupervised custody for a parent found to pose a substantial risk to the child, and courts would appoint an attorney for the child when safety allegations are facially credible. Fourth, judges would complete domestic violence and child abuse training before presiding over contested custody cases.
If signed, the law takes effect 270 days later. "Whether a parent is raising safety concerns or responding to them, this bill puts evidence at the center of the case, and it moves fast," said Paul Goldhamer, founding partner of the firm. "Parents should start gathering records now, including police reports, messages, and medical documentation, rather than waiting until a hearing is scheduled."
The implications extend beyond individual cases. By mandating swift evidentiary hearings and broad access to records, the bill could reduce the time children remain in potentially unsafe situations. The rebuttable presumption against unsupervised custody for high-risk parents may prevent tragedies like Kyra's. However, the expedited timeline could strain court resources and require parents to marshal evidence quickly, potentially disadvantaging those without legal representation. The required judicial training aims to ensure judges understand domestic violence dynamics, which could lead to more informed rulings. For legal professionals, the changes demand proactive case preparation and familiarity with the new standards. As Governor Hochul weighs her decision, families and advocates await a reform that could fundamentally alter how New York handles custody disputes involving safety allegations.
