New York Legislators Still Considering “Kyra’s Law” to Revise Child Custody Standards
Any child custody dispute has the potential to become contentious and emotional. When one parent alleges that the other poses a threat to the child they share, the situation can become even more heated. Judges are put in a situation where they must balance the well-being of the youth against a parent’s right to spend time with their son or daughter. For several years, New York legislators have considered requiring courts to evaluate the risk of abuse before making a custody or visitation decision. However, the bill has not yet been passed.
Though the State Senate has approved what is known as “Kyra’s Law,” the bill has not been passed by the Assembly. The proposed legislation is named in honor of two-year-old Kyra Franchetti, whose father—despite a pattern of threatening behavior—was permitted visitation, and later killed Kyra in a murder-suicide. While the bill would not change New York’s longstanding “best interests of the child” standard, it would mandate that courts conduct an evidentiary hearing if a party brings forth credible information that a mother or father poses a substantial risk to the child’s safety.
Judges would be required to review accusations of domestic violence, child abuse, coercive control or dangerous behaviors before issuing child custody or visitation orders. Where access is ruled to be appropriate, Kyra’s Law emphasizes that conditions account for relevant facts. This might be accomplished through structured parenting plans, supervised visits and other safeguards tailored to the specific situation.
Opponents of Kyra’s Law note that current child custody standards already take into account instances and threats of parental abuse. They argue that adding an additional level of judicial scrutiny could delay the legal process, harming parent-child relationships and possibly encouraging false allegations.
Regardless of whether Kyra’s law Is enacted or not, if you are involved in a New York custody or visitation matter where safety is a concern, strong legal guidance is critical. Document incidents, preserve communications and records, and speak with counsel immediately about how best to present evidence to the court. Our family law team helps parents handle these difficult issues, always focusing on keeping clients’ sons and daughters safe.
At the Law Office of Maurice J. Verrillo, P.C. in Rochester, we have more than 35 years of experience representing Western New York clients in child custody cases and other family law matters. Please call our office at 585-563-1134 or contact us online to schedule a free 30-minute consultation.
October 5, 2025 Posted in Family Law Tagged child custody, family law, kyras law Comments Off on New York Legislators Still Considering “Kyra’s Law” to Revise Child Custody Standards
