{"id":338761,"date":"2026-09-05T11:40:11","date_gmt":"2026-09-05T11:40:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/338761\/"},"modified":"2026-09-05T11:40:11","modified_gmt":"2026-09-05T11:40:11","slug":"why-ny-judges-oppose-bill-to-make-safety-top-priority-in-child-custody-battles","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/338761\/","title":{"rendered":"Why NY judges oppose bill to make safety top priority in child custody battles"},"content":{"rendered":"<p>Jacqueline Franchetti knows she can\u2019t have her daughter Kyra back.<\/p>\n<p>The 2-year-old Long Island girl\u2019s father fatally shot her in 2016 while she slept at his home for a court-ordered visit, even after Franchetti had broken off their relationship. Franchetti has since thrown herself into an effort to change the standards and procedures that govern family court proceedings, hoping to prevent a similar tragedy.<\/p>\n<p>That can happen if Gov. Kathy Hochul signs <a href=\"https:\/\/www.nysenate.gov\/legislation\/bills\/2025\/S5998\/amendment\/C\" class=\"Link\" target=\"_blank\" rel=\"nofollow noopener\">\u201cKyra\u2019s Law,\u201d<\/a> which Franchetti hopes will be an enduring memorial for her little girl. An association representing Family Court judges opposes the bill, saying it would make their workload unmanageable.<\/p>\n<p>\u201cThese are preventable homicides,\u201d Franchetti said. \u201cKyra should be here. She should be entering seventh grade.\u201d<\/p>\n<p>Franchetti leads a coalition that includes family court lawyers, abuse victims, leather-clad bikers and the Saratoga County district attorney. They\u2019ve been pleading with Hochul to sign the bill, which is one of <a href=\"https:\/\/gothamist.com\/news\/new-york-lawmakers-head-home-after-least-productive-year-of-hochul-era\" class=\"Link\" target=\"_blank\" rel=\"nofollow noopener\">759 that passed both houses<\/a> of the state Legislature this year and landed on her desk.<\/p>\n<p>The Democratic governor has said she personally reads each bill that comes before her, and she has a habit of not tipping her hand about how she will act on pending measures. Hochul has until the end of the year to sign or veto the bill.<\/p>\n<p>She could also negotiate changes with legislators, who would agree to pass a \u201cchapter amendment\u201d next year in exchange for Hochul\u2019s signature.<\/p>\n<p>\u201cProtecting the health and safety of all New Yorkers, especially vulnerable children, is the governor&#8217;s top priority and she will review the legislation,\u201d Hochul spokesperson Nicolette Simmonds said. The governor previously signed a law that <a href=\"https:\/\/www.nysenate.gov\/legislation\/bills\/2025\/S8382\" class=\"Link\" target=\"_blank\" rel=\"nofollow noopener\">strengthens orders of protection<\/a> against abusive parents.<\/p>\n<p>    <img decoding=\"async\" class=\"Image\" alt=\"A memorial to deceased children.\"  width=\"880\" height=\"1201\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/09\/1788608411_237_.jpeg\"\/><\/p>\n<p>Jimmy Vielkind<\/p>\n<p>\/<\/p>\n<p> New York Public News Network<\/p>\n<p> A memorial to deceased children.<\/p>\n<p>Kyra\u2019s Law seeks to make child safety a top priority in custody decisions, considered before judges weigh other factors about the best interests of the child. It would require judges to review allegations of domestic violence or child abuse prior to issuing temporary or final orders of custody or visitation.<\/p>\n<p>The New York State Family Court Judges Association sent a letter to Hochul asking her to veto the measure.<\/p>\n<p>\u201cWhile the association deeply sympathizes and appreciates the gravity of the events that prompted the creation of Kyra\u2019s Law and the Legislature\u2019s desire to prevent future tragedies, the bill as written would create numerous unintended consequences that defeat the purpose and intent behind Kyra\u2019s Law,\u201d the judges wrote.<\/p>\n<p>The judges said they are already weighing a number of factors in these cases and that the bill would erode their discretion. They also said the law would prompt an \u201coverwhelming increase\u201d in the number of required hearings and have \u201can adverse structural impact on how courts operate.\u201d<\/p>\n<p>The state\u2019s court system takes no position on the measure, Office of Court Administration spokesperson Al Baker said.<\/p>\n<p>Tim Tippins, who practices family law and teaches at Albany Law School, said courts have often yielded to mental health professionals regarding what\u2019s best for a child. That has often meant spending time with and maintaining a relationship with both parents.<\/p>\n<p>\u201cKyra&#8217;s Law \u2026 says safety first,\u201d Tippins said. \u201cYou don&#8217;t have to worry about all the fancy theories, which are nothing more than pseudoscience.\u201d<\/p>\n<p>The American Psychological Association says in <a href=\"https:\/\/www.apaservices.org\/practice\/news\/guidelines.pdf\" class=\"Link\" target=\"_blank\" rel=\"nofollow noopener\">guidelines for child custody cases<\/a> that practitioners are able to consider and balance parenting attributes, as well as a child\u2019s welfare and their psychological needs.<\/p>\n<p>\u201cThe training of psychologists provides them with unique skills and qualifications to address these issues,\u201d the APA guidelines state.<\/p>\n<p>Saratoga County DA Brett Eby, a Republican, said Kyra\u2019s Law might have prevented a recent tragedy in Mechanicville, a small city on the Hudson River. Police say a mother and grandmother <a href=\"https:\/\/www.timesunion.com\/news\/article\/mechanicville-police-mother-grandmother-murder-22371915.php\" class=\"Link\" target=\"_blank\" rel=\"nofollow noopener\">killed four children<\/a> who were the subject of an extensive Family Court case between their father and mother. The father had been recently awarded custody of the kids before the children\u2019s deaths.<\/p>\n<p>Eby, Franchetti and Tippins spoke at an August press conference in the courtyard outside Eby\u2019s office in Ballston Spa. They were also joined by representatives of child welfare organizations, a girl who survived abuse and several members of Bikers Against Child Abuse, a group that escorts domestic violence victims to court.<\/p>\n<p>The bill passed unanimously in both the state Assembly and Senate, with Republicans and Democrats serving as cosponsors.<\/p>\n<p>Franchetti says she hasn\u2019t heard anything from Hochul\u2019s office about potential concerns or desired changes. She wants to push the issue onto the governor\u2019s radar \u2014 before anyone else gets hurt.<\/p>\n<p>\u201cViolence doesn\u2019t wait. Abuse doesn&#8217;t wait. New Yorkers can&#8217;t wait,\u201d Franchetti said. \u201cWe need Kyra&#8217;s Law now.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Jacqueline Franchetti knows she can\u2019t have her daughter Kyra back. The 2-year-old Long Island girl\u2019s father fatally shot&hellip;\n","protected":false},"author":2,"featured_media":338762,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[9,11,10,49,51,50],"class_list":["post-338761","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-york","tag-new-york","tag-new-york-headlines","tag-new-york-news","tag-new-york-state","tag-new-york-state-headlines","tag-new-york-state-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/338761","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=338761"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/338761\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/338762"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=338761"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=338761"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=338761"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}