Kyra's Law will help protect children

Ten years ago this summer, 2-year-old Kyra Franchetti of Manhasset was murdered by her father during a court-ordered unsupervised visit. Her mother, Jacqueline, had begged Nassau County Family Court to protect Kyra, warning of her father’s stalking, coercive control, rage and suicidal ideation.

The court ordered an unsupervised visit anyway, and Kyra returned home in a coffin.

In the decade since Kyra’s murder, at least 46 children across New York State have been killed by a parent or guardian during custody disputes in which family courts failed to act on clear signs of danger.

Thomas Valva, 8, of Center Moriches, died of hypothermia after being forced to sleep in an unheated garage, several years after his mother’s warnings to the court during custody proceedings that his father was abusing him. Julissia Batties, a 7-year-old Bronx girl, was forced back into her abusive home by family court and later beaten to death by her mother. Autumn Coleman, 3, was killed when her abusive father locked her in a car and set it on fire, days after Queens County Family Court declined to intervene.

None of these children died without warning. Their parents had pleaded for help, abuse was documented — and family courts still sent children back into harm’s way.

In June, the State Legislature unanimously passed Kyra’s Law. The bill would institute critical reforms that prioritize children’s safety in custody and visitation proceedings where signs of danger are present.

As advocates with decades of experience serving domestic violence survivors, we have seen firsthand how New York State courts can fail families seeking protection, often allowing abusers to continue causing harm through unsafe visitation. Many judges presiding over child custody cases are not adequately trained on domestic violence or child abuse. Current law does not require judges to conduct a child safety assessment or consider lethality factors when determining custody and visitation.

New York law has not kept pace with our understanding of domestic violence and its impact on children. Kyra’s Law would change that. It would require courts to take allegations of abuse seriously and consider warning signs like stalking, death threats, violence during pregnancy and coercive control before issuing orders of visitation or custody. It would prevent courts from punishing parents who take reasonable measures to protect their children or granting custody solely to force a relationship between a child and a parent they fear. It would also require judges, referees and hearing officers to receive training on domestic violence and child abuse.

Kyra’s Law was shaped over the years by survivors, family law professionals, judges, child safety experts, and organizations working directly with domestic violence survivors and abused children. Since its introduction in 2021, the bill has been carefully vetted and gained broad support. We are deeply grateful to its sponsors, Assemb. Andrew Hevesi and State Sen. James Skoufis, for their steadfast leadership.

Now, Gov. Kathy Hochul can carry Kyra’s Law across the finish line so that when a parent begs for protection or a child says they are afraid, the court listens. New York’s children cannot wait any longer for these crucial protections to become law.

The governor can build on her record of standing with survivors of domestic violence by signing this bill. She can honor Kyra’s memory, 10 years after her death, and help ensure that every custody and visitation decision puts child safety first.

THIS GUEST ESSAY reflects the views of Jennifer Friedman, senior program director of family law and policy at Sanctuary for Families, and Nathaniel M. Fields, CEO of Urban Resource Institute.