Jacqueline Franchetti knows she can’t have her daughter Kyra back.
The 2-year-old Long Island girl’s 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.
That can happen if Gov. Kathy Hochul signs “Kyra’s Law,” 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.
“These are preventable homicides,” Franchetti said. “Kyra should be here. She should be entering seventh grade.”
Franchetti leads a coalition that includes family court lawyers, abuse victims, leather-clad bikers and the Saratoga County district attorney. They’ve been pleading with Hochul to sign the bill, which is one of 759 that passed both houses of the state Legislature this year and landed on her desk.
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.
She could also negotiate changes with legislators, who would agree to pass a “chapter amendment” next year in exchange for Hochul’s signature.
“Protecting the health and safety of all New Yorkers, especially vulnerable children, is the governor's top priority and she will review the legislation,” Hochul spokesperson Nicolette Simmonds said. The governor previously signed a law that strengthens orders of protection against abusive parents.
Kyra’s 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.
The New York State Family Court Judges Association sent a letter to Hochul asking her to veto the measure.
“While the association deeply sympathizes and appreciates the gravity of the events that prompted the creation of Kyra’s Law and the Legislature’s desire to prevent future tragedies, the bill as written would create numerous unintended consequences that defeat the purpose and intent behind Kyra’s Law,” the judges wrote.
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 “overwhelming increase” in the number of required hearings and have “an adverse structural impact on how courts operate.”
The state’s court system takes no position on the measure, Office of Court Administration spokesperson Al Baker said.
Tim Tippins, who practices family law and teaches at Albany Law School, said courts have often yielded to mental health professionals regarding what’s best for a child. That has often meant spending time with and maintaining a relationship with both parents.
“Kyra's Law … says safety first,” Tippins said. “You don't have to worry about all the fancy theories, which are nothing more than pseudoscience.”
The American Psychological Association says in guidelines for child custody cases that practitioners are able to consider and balance parenting attributes, as well as a child’s welfare and their psychological needs.
“The training of psychologists provides them with unique skills and qualifications to address these issues,” the APA guidelines state.
Saratoga County DA Brett Eby, a Republican, said Kyra’s Law might have prevented a recent tragedy in Mechanicville, a small city on the Hudson River. Police say a mother and grandmother killed four children 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’s deaths.
Eby, Franchetti and Tippins spoke at an August press conference in the courtyard outside Eby’s 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.
The bill passed unanimously in both the state Assembly and Senate, with Republicans and Democrats serving as cosponsors.
Franchetti says she hasn’t heard anything from Hochul’s office about potential concerns or desired changes. She wants to push the issue onto the governor’s radar — before anyone else gets hurt.
“Violence doesn’t wait. Abuse doesn't wait. New Yorkers can't wait,” Franchetti said. “We need Kyra's Law now.”
