New York Governor Kathy Hochul faces a year-end deadline to sign or veto “Kyra’s Law,” a child custody measure that passed both houses of the state Legislature unanimously earlier this year. The legislation stems from the 2016 fatal shooting of 2-year-old Kyra Franchetti by her father during a court-ordered visit on Long Island, an event that prompted her mother, Jacqueline Franchetti, to launch an advocacy campaign to overhaul family court standards and procedures.
Legislative Intent and Family Court Judges’ Opposition
Kyra’s Law seeks to make child safety the top priority in custody decisions, requiring judges to evaluate allegations of domestic violence or child abuse before weighing other factors related to a child’s best interests, according to the legislative text. Proponents argue the shift is urgently needed to protect vulnerable children from preventable tragedies. “These are preventable homicides,” Jacqueline Franchetti said. “Kyra should be here. She should be entering seventh grade.” However, the New York State Family Court Judges Association has urged a veto, writing in a letter to Governor Hochul that the bill would create unmanageable workloads, erode judicial discretion, and trigger an overwhelming increase in required hearings that would structurally impact court operations.
Did You Know? Kyra’s Law passed unanimously in both the New York State Assembly and Senate this year, drawing cosponsors from both the Democratic and Republican parties before landing on the governor’s desk alongside 759 other bills.
Legal Perspectives and Public Safety Arguments
Supporters of the measure include a broad coalition of family court lawyers, abuse victims, leather-clad members of Bikers Against Child Abuse, and Saratoga County District Attorney Brett Eby. At an August press conference in Ballston Spa, Eby argued that the legislation might have prevented a recent tragedy in Mechanicville, where police reported that a mother and grandmother killed four children who were the subject of an extensive Family Court case. Meanwhile, legal experts hold differing views on how courts evaluate child welfare. Tim Tippins, a family law practitioner and Albany Law School teacher, criticized traditional reliance on mental health professionals and psychological theories, stating that Kyra’s Law prioritizes safety first. Conversely, American Psychological Association guidelines maintain that practitioners are uniquely qualified through their training to assess parenting attributes, child welfare, and psychological needs in custody disputes.
Governor Hochul’s Pending Decision and Next Steps
Governor Hochul has until the end of the year to sign or veto the legislation, or to negotiate a “chapter amendment” with lawmakers next year in exchange for her signature. Hochul’s spokesperson, Nicolette Simmonds, stated that protecting the health and safety of vulnerable children remains the governor’s top priority and that she will review the legislation. The Office of Court Administration, represented by spokesperson Al Baker, has taken no official position on the measure. Franchetti reports she has received no communication from the governor’s office regarding potential concerns or amendments, leaving advocates pressing for action. “Violence doesn’t wait. Abuse doesn’t wait. New Yorkers can’t wait,” Franchetti said. “We need Kyra’s Law now.”
Frequently Asked Questions
What Mechanicville tragedy did officials reference regarding the legislation?
Saratoga County District Attorney Brett Eby stated that Kyra’s Law might have prevented an incident in Mechanicville where police say a mother and grandmother killed four children who were the subject of a Family Court case.
What position do New York family court judges hold on the bill?
The New York State Family Court Judges Association asked Governor Hochul to veto the bill, arguing it would erode their discretion, cause an overwhelming increase in hearings, and create unmanageable consequences for court operations.
What is the timeline for Governor Hochul’s decision?
Governor Hochul has until the end of the year to either sign or veto the legislation, or negotiate changes with lawmakers for a chapter amendment next year.
How will the outcome of Governor Hochul’s review impact family court procedures across New York state?
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