New York stands on the verge of a significant shift in how family courts handle child custody cases involving allegations of domestic violence or child abuse. Legislation that would compel judges to consider such concerns above all other factors has passed both chambers of the state legislature and now awaits action from Governor Kathy Hochul.
The bills, collectively known as Kyra's Law, represent the culmination of ten years of advocacy by Jacqueline Franchetti, a Long Island resident whose personal tragedy became the catalyst for statewide reform. Franchetti authored the legislation herself, revising the language multiple times to ensure that unsubstantiated allegations and hearsay would not unduly influence judicial decisions while still prioritizing legitimate safety concerns.
The grassroots campaign Franchetti built around the legislation mobilized approximately 300,000 people who contacted their representatives or participated in marches to bring the measure to a vote. When the bills finally reached the chamber floor, Franchetti acknowledged the moment was deeply personal. The vote itself, she admitted, proved to be quite emotional after years of sustained effort.
"Kyra's Law is going to move us lightyears forward in addressing the child custody crisis and protecting children from abusive parents," Franchetti told CBS News.
The legislation bears the name of Franchetti's daughter, Kyra, who was killed by her father in a murder-suicide at his residence years ago. The tragedy occurred against the backdrop of a protracted custody battle in which Franchetti had presented evidence of concerning behavior, including stalking and threatening conduct. Police officers testified to the validity of these claims, yet the presiding judge assessed Franchetti's former spouse as presenting low risk and ruled that custody should be shared jointly rather than awarded solely to the mother.
That judicial determination, made despite documented warning signs, underscores the gap in current law that Kyra's Law seeks to address. The new legislation would establish child safety as the paramount consideration in custody and visitation proceedings, fundamentally reordering judicial priorities in cases where abuse allegations surface.
Patricia Pastor, a family court career expert, emphasized the practical impact the bill would have on judicial decision-making. "It will definitely be helpful for judges in family court to have this bill that states that child safety is the top priority in a child custody case or child visitation case," Pastor said in comments to CBS.
Pastor noted that the legislation could prevent tragedies similar to what befell Kyra and other cases she has encountered throughout her career. By codifying child safety as the foremost concern, the law would provide judges with clear statutory guidance when weighing competing interests in custody determinations.
Governor Hochul's office confirmed that the governor is reviewing the legislation. Under New York law, she has until the end of the year to either sign the bills into law or return them to the legislature. A statement from the governor's mansion indicated the review process is underway, though no timeline for a decision has been announced.
The passage of Kyra's Law through both legislative chambers represents a rare instance of citizen-driven policy reform reaching the highest levels of state government. Franchetti's transformation of personal grief into systemic change demonstrates how individual advocacy, sustained over years, can reshape legal frameworks that affect thousands of families across the state.
Should Governor Hochul sign the legislation, New York would join a growing number of jurisdictions nationwide that have moved to strengthen protections for children in custody proceedings where domestic violence or abuse allegations are present. The law would mark a fundamental shift in how family courts balance parental rights against child welfare, establishing an explicit hierarchy that places safety concerns at the apex of judicial consideration.
