New York Assembly Bill A06194

New York 2025-2026 Regular Session

• Introduced: 2/27/25
• Refer: 2/27/25

Caption

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.

Impact

This bill substantially alters the landscape of family law in New York by reinforcing the principle that a child's health and safety are paramount during custody decisions. By requiring courts to review comprehensive information related to allegations of abuse or violence, A06194 aims to mitigate risks associated with child custody arrangements. The introduction of obligatory legal representation for children under certain circumstances ensures that their best interests are considered, marking a significant shift toward greater protection for vulnerable minors within the legal system.

Summary

Bill A06194, known as 'Kyra's Law', amends existing domestic relations law and family court procedures to prioritize children's safety when determining custody and visitation. The bill mandates that courts must take into account allegations of child abuse or domestic violence before making custody decisions. Additionally, it requires the appointment of an attorney to represent the child in cases where there are credible allegations of serious safety risk, ensuring that children's voices and interests are duly represented in legal proceedings.

Contention

Notable points of contention surrounding A06194 involve concerns about the balance between parental rights and child safety. Critics argue that mandatory legal representation might complicate custody proceedings or increase costs for families. Some opponents fear that the bill could inadvertently disadvantage parents accused of domestic violence, arguing that the presumption of guilt could bias custody outcomes. Supporters, however, emphasize the urgent need for protective measures that address and respond to the pervasive issues of domestic violence, aiming to foster a safer environment for children.