ALBANY, N.Y. — A Long Island activist has secured passage of legislation in the New York state Legislature that requires courts to prioritize child safety, including allegations of domestic violence and child abuse, in custody and visitation decisions.
The bill, known as Kyra’s Law, passed both the state Senate and Assembly this month after nearly a decade of advocacy by Jacqueline Franchetti of Manhasset. It now awaits action by Gov. Kathy Hochul, who has until the end of the year to sign or veto it, officials said.
Franchetti’s campaign for the measure stems from the 2016 death of her 2-year-old daughter, Kyra, who was killed by her father during a court-ordered unsupervised visit in what authorities determined was a murder-suicide. During the custody proceedings, Franchetti had raised concerns about the father’s behavior, including stalking and threats, but a judge ruled he posed a low risk and ordered joint custody, according to court records and police statements reported at the time.
The legislation directs family and supreme courts to consider a child’s health and safety as a paramount concern when making custody and visitation decisions. It requires review of allegations of domestic violence, child abuse or substantial risk of harm; the parties’ history of such conduct; and specific risk factors including stalking, violence during pregnancy, unlawful dissemination of intimate images, patterns of abuse and threats to harm or kill.
It also mandates training for judges and forensic evaluators on domestic violence, child abuse and related issues.
Franchetti described the bill’s passage as emotional. “Kyra’s Law is going to move us lightyears forward in addressing the child custody crisis and protecting children from abusive parents,” she told CBS News.
Assemblymember Andrew Hevesi, the bill’s sponsor in the Assembly, said it equips courts with better tools. “This will give the courts and judges the tools and training necessary to make sure children do not end up in potentially deadly custody or visitation arrangements,” he said in a statement.
Supporters, including domestic violence advocacy groups, argue the changes address gaps in how courts handle safety concerns. Family court expert Patricia Pastor stated it would help judges treat child safety as the top priority.
The bill’s language was revised multiple times, in part to address concerns about unsubstantiated allegations influencing decisions, according to Franchetti and legislative records. It gained bipartisan support in both chambers.
A spokesperson for Gov. Hochul said she is reviewing the legislation, with child safety as a priority. “The Governor will review the legislation,” the statement said.
Kyra’s Law is not yet in effect. If signed, it would apply to custody and visitation proceedings statewide.
