After Many Years, Legislation Designed to Protect Children’s Safety in Custody Cases Still Not Enacted

Many states have attempted to find a fair balance between children’s safety and parental rights in the resolution of custody disputes. Horrifying cases of abuse committed by fathers and mothers during court-mandated visitation have prompted legislators around the country to introduce measures that require judges to focus on a youth’s well-being. While numerous jurisdictions have enacted these laws, a potential statute that has been debated for years in New York State still is not on the books. 

Known as Kyra’s Law, the proposed legislative measure in New York was written to supplement the state’s Domestic Relations Law in the following ways:

• Mandate thorough investigation of abuse allegations before custody decisions are made
• Require judges to receive specialized training on the effects of domestic violence and child abuse
• Prioritize expert testimony from child welfare professionals over opinions from those without relevant expertise
• Place limits on unsupervised visitation in cases where credible abuse allegations exist

The name of the legislation honors Kyra Franchetti, a 2-year-old from Long Island murdered by her father during a court-ordered visit

Opponents of the changes proposed in Kyra’s Law argue that they might lead to false abuse allegations in contentious child custody battles, unfairly restricting the rights of mothers and fathers. There are also concerns about the effort and expense required to train judges and implement changes to court protocols. 

Though Kyra’s law could provide a valuable framework in situations where there is a danger of parental violence, there are ways to protect your child under the current system. Retaining a qualified New York family lawyer should be your first step when you are involved in a custody conflict. Your attorney can review the relevant information and present a persuasive argument as to why your parenting plan should include measures that safeguard the well-being of your son or daughter. Supervised visitation might be one way to prevent the possibility of violence while allowing your child to maintain a relationship with your ex. 

At Goldberg Sager & Associates, we are strong family law advocates for clients throughout Brooklyn, Queens, Manhattan, The Bronx and Staten Island, as well as Westchester, Nassau and Suffolk counties. If you’re engaged in a child custody dispute or some conflict involving parenting terms, please call [ln::phone] or contact us online for a free consultation. Our office is in Brooklyn.