KYRA’S LAW

Kyra’s Law will help protect children from a parent who intends to harm them. And, we need YOUR help to get this measure to pass!

The Albany Times Union editorial board just wrote a piece on the need for Kyra’s Law. Domestic violence organizations all around New York State, as well as national experts applaud Kyra’s Law.

Kyra’s Law does the following:

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  • Require courts to conduct a prompt evidentiary hearing upon the application by any party to a child custody or visitation proceeding, or of an attorney for the child, asserting facially credible allegations that, if true, would pose a substantial risk to the child's safety and to determine whether temporary limitations or conditions on the custody or visitation rights of a party are necessary to avoid substantial risk to the child's safety. This section requires that certain evidence presented to the court be considered during such hearing, requires that the court's determination be in writing or on the record, and provides a right of appeal. This section also creates a rebuttable presumption that the court, in a temporary order of custody or visitation, shall not award sole or joint custody or visitation that is unsupervised or without sufficient protections of the child's safety to a party who poses a substantial risk to the child's safety;

  • Provide that a court making a final determination of custody and visitation based on the best interests of the child shall prioritize and promote the safety of children and requires that certain evidence presented to the court be considered;

  • Create a rebuttable presumption that custody or visitation that is unsupervised or without sufficient protections of the child's safety shall not be awarded to a party who poses a substantial risk to the child's safety;

  • Provide that where a party asserts credible allegations regarding domestic violence, child abuse, or substantial risk to the child's safety, the court shall not find that protective behaviors to safeguard the child constitute failure to support the child's relationship with the other party or that a child’s reluctance to interact with a party was caused by the other party;

  • Require the chief administrator of the courts to promulgate rules mandating comprehensive training for judges, referees, and other hearing officers who preside over child custody proceedings in which one or more parties have alleged substantial risk to the child's safety;

  • Amend the domestic relations law to create a new section 240-e defines the terms "coercive control" and "victims of domestic violence;" 

  • Require the Office of Court Administration to update petitions to initiate custody and visitation proceedings in a manner to permit petitioners to identify findings or allegations of child abuse, domestic violence, or a substantial risk to a child's safety;

  • Ensure a party's decision to appeal an initial or successive temporary order is permitted;

  • Ensure the court appoints an attorney to represent a child in any proceeding under article 6 when credible allegations of substantial risk to the child's safety have been made; and

  • Ensure a party's decision to appeal an initial or successive order is permitted.

Child safety is NOT complicated.

Kyra’s Law
Child Safety First
(A. 6194 - Hevesi / S. 5998 - Skoufis)

Kyra Franchetti was 28-months-old when she was shot to death in her sleep by her father during an unsupervised, court-approved visit, despite warnings and eyewitness accounts of threatening, abusive, and concerning behavior. What happened to Kyra can happen to a child you know and love, unless legislative changes are made.

Kyra’s murder, like many others, was 100% preventable. Kyra is one of 38 children to be murdered by their parent while going through a divorce, separation, or child custody case in New York since 2016.

Today, in divorce/family court, peer-reviewed research studies confirm our divorce/family court system gets most custody cases involving abuse dangerously wrong. Kyra’s Law will help prevent children from being sexually, physically and emotionally abused, or murdered, at the hands of their own parent.

Children in New York have the right to live safely in their homes and communities. They deserve to be kept free from harm, even when their parents become abusive. That’s what New York’s judicial system is intended to do. However, in every courthouse in every county in New York, courts fails our children at epidemic rates.