A bill named for a Long Island toddler murdered by her abusive father has passed the state Senate with bipartisan support, but is now stalled in the Assembly, prompting frustration among lawmakers and advocates alike.
Kyra’s Law—named for 2½-year-old Kyra Franchetti, who was fatally shot by her father during a court-sanctioned, unsupervised visit despite repeated warnings—would require family courts to prioritize child safety by mandating evidentiary hearings when allegations of abuse or domestic violence arise during custody and visitation disputes. The legislation would also create a legal presumption against awarding unsupervised visitation to parents deemed dangerous.
“This is a really important bill,” stated Senator Dean Murray, who has championed the legislation in the Senate. “I’ve met with Kyra’s mother multiple times. She’s dedicated her life to making sure no other child falls through the cracks. But for some reason, this bill just keeps hitting a wall in the Assembly. I don’t know why, and I want to find out.”
Assemblyman Joseph DeStefano, the bill’s co-sponsor, echoed the concern. “We’re not talking politics here—we’re talking about the lives of children. The Assembly needs to act,” he said. “I’ve heard directly from families in our own communities who are being failed by the courts. They’re begging for help, and Kyra’s Law is a way to provide it.”
The issue hit home in Suffolk when 8-year-old Thomas Valva died in 2020 after being forced to sleep in a freezing garage by his father and the father’s girlfriend. The boy’s mother had warned family court officials and child protective services of ongoing abuse, but her concerns were repeatedly dismissed. She has since filed a $30 million lawsuit accusing the system of failing to protect her son.
For many, Kyra’s Law represents a long-overdue shift in how the state handles custody cases involving allegations of abuse. An East Moriches woman who’s been closely following the issue said she’s been locked in a bitter custody battle for five years. “The judge won’t even consider the history of abuse by my son’s father,” she said. “The courts are complicit in allowing the abuser to continue their tactics of generalized fear, entrapment, and loss of due process. It’s domestic terrorism within the legal system.”
DeStefano added, “This isn’t just a Long Island issue. This is happening across New York. We need to stop pretending that shared custody is always the answer, and start recognizing the trauma being inflicted on these kids.”
Advocates for Kyra’s Law are urging the Assembly to take up the measure before the legislative session ends later this month. “We have the momentum. We have the support. Now we just need the will,” Murray said.