New York state lawmakers recently advanced legislation aimed at prioritizing child safety in custody decisions, responding to longstanding concerns about judicial oversight in family court cases involving domestic violence and child abuse. Known as Kyra’s Law, the bill mandates that judges consider any history of domestic violence, child abuse, or related threats when determining child custody or visitation arrangements. The bill now awaits the signature of Governor Kathy Hochul to become law.

The legislation emerges a decade after the 2016 death of two-year-old Kyra Franchetti, who was fatally shot by her father during a court-ordered unsupervised visit. Despite warnings from the child’s mother regarding the father’s suicidal tendencies and stalking behavior, the court approved the custody arrangement. That tragedy highlighted systemic weaknesses in how family courts assess risks to children in custody cases.

Proponents of Kyra’s Law argue that previous failures have often stemmed from courts disregarding warning signs that caseworkers and child welfare agencies had flagged. While child protection specialists have been criticized for sometimes minimizing allegations of domestic violence or mental illness as collateral damage from contentious separations, advocates say the ultimate responsibility lies with judges making final custody decisions. They contend that judicial rulings have sometimes overridden child welfare recommendations, allowing parents with documented histories of abuse to maintain access to children.

Research compiled over the past two years, spanning from 2022 to 2026, examined approximately 5,000 child maltreatment fatalities nationwide through a database called Lives Cut Short, which integrates media reports, child welfare records, and medical examiner documents. Of these cases, nearly 900 involved domestic violence histories. In New York state alone, 109 deaths were linked to parental or caregiver domestic violence, and close to 200 cases included prior child protection reports.

The rising prominence of domestic violence-related fatalities reflects broader trends. Although overall homicide rates have declined, family-related homicides have increased, moving from one in seven in 2020 to one in five by 2026, according to a report cited in The Washington Post. Experts note that victims often hesitate to cooperate with authorities, limiting prosecution efforts. The New York Police Department reported that district attorneys declined to prosecute 938 domestic violence cases in the last quarter of 2025 due to lack of victim cooperation.

Kyra’s Law requires judges to explicitly consider relevant police and court records—including domestic violence incident reports, threats of harm or killing, and evidence of sexual abuse—when adjudicating custody or visitation. The law also mandates specialized training for Family Court judges to better assess and understand the risks posed in such cases.

Ron Richter, former head of New York City’s Administration for Children’s Services under Mayor Michael Bloomberg, has endorsed the bill’s provisions, noting that history of abuse should be a central factor in custody evaluations. He observed that current investigations often fail to prioritize such backgrounds sufficiently.

Kyra’s mother, Jacqueline Franchetti, who has advocated for judicial reform since her daughter’s death, welcomed the legislation as a necessary step toward safeguarding vulnerable children. Lawmakers’ decade-long delay in addressing the issue has been met with criticism, with advocates urging swift action from Governor Hochul to enact the measure and prevent further tragedies.