“Kyra’s Law” Proponents Say Children’s Safety Should be Paramount in Custody Matters

Many child custody disputes become very emotional. Tensions run even higher when one or both parents has committed or threatened violence. In these cases, courts are put in a difficult position where they must balance the parental rights of an accused individual with the safety of everyone else involved. 

A proposal currently under consideration in New York is known as Kyra’s Law. This bill aims to transform the way courts prioritize the safety and well-being of children in custody disputes, particularly in cases involving domestic violence and abuse. The legislation is named for a Long Island toddler, Kyra Franchetti, who was murdered by her father in 2016. 

Kyra’s mother, Jacqueline Franchetti, has gotten numerous lawmakers on board with her campaign for a statute that adjusts the focus in custody matters toward the well-being of the involved children when there is a potential for parental violence. Specific provisions of Kyra’s Law include the following:

• Child safety as paramount consideration — Under the proposed law, decisions on all custody matters, including preliminary determinations, would have to prioritize the child’s safety over any other factors, including parental rights.
• Reviewing a parent’s history of abuse — The bill requires courts to evaluate a parent’s history of domestic violence, child abuse or neglect when making custody decisions. This includes considering evidence of coercive control, patterns of abuse and the potential risk of harm to the child.
• Early evidentiary hearings — In cases with allegations of abuse or domestic violence, Kyra’s Law would mandate early evidentiary hearings to assess the validity of these claims and their potential impact on the child’s safety.
• Training for judges — Within the bill, there is language calling for judges to receive specialized training on domestic violence, child abuse and trauma. This training would ensure that judges are equipped to make informed decisions that prioritize the child’s well-being.

Advocates for Kyra’s Law argue that it is crucial for protecting children from harm in custody disputes. By explicitly prioritizing child safety and requiring courts to consider the full context of abuse and violence, the law aims to prevent children from being placed in dangerous situations.

The Law Offices of Randy S. Margulis represents parents in divorces and child custody proceedings. When you work with us, we will advise as to whether all or part of Kyra’s Law has been passed and if that affects your case. To schedule a consultation, please call 716-886-9600 or contact us online. We have offices in Williamsville and downtown Buffalo to serve clients across Western New York.