Ten years after 2-year-old Kyra Franchetti was killed by her father during a court-ordered unsupervised visit, the bill bearing her name is awaiting Governor Kathy Hochul's decision. Kyra's Law (A6194C/S5998) passed the Senate 60-0 on June 4 and the Assembly on June 5, 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 would make four key changes to custody proceedings. 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 shortening timelines and broadening the evidence judges may consider, the bill aims to prevent tragedies like Kyra's death by ensuring that credible safety concerns are addressed swiftly and thoroughly. For parents, this means that preparation is no longer optional; those who fail to gather documentation early may find themselves at a disadvantage. For attorneys, the changes demand a more proactive approach to case management.
Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. has served families and individuals in New York and New Jersey since 1975. Founding partner Paul Goldhamer leads the divorce and matrimonial practice, where clients know him for the patience and compassion he brings to custody, support, and property disputes. Parents facing a custody question can reach the firm online to arrange a consultation.
With Governor Hochul's decision pending, New York stands at a crossroads. If signed, Kyra's Law would mark one of the most significant custody reforms in recent memory, prioritizing child safety over procedural delays. For families across the state, the bill's outcome could determine how quickly and effectively the courts respond when a child's well-being is at stake.
