Long Island mom's campaign to protect children from domestic violence could soon become law

After a 10-year fight, a Long Island mother's push for family court reforms is nearing the finish line.

Kyra's Law passed both the Senate and Assembly in Albany this week. It would compel judges to consider domestic violence or child abuse as a top priority before granting equal custody to parents.

2-year-old girl murdered by her father

In 2016, Jacqueline Franchetti's 2-year-old daughter, Kyra, was brutally murdered by Kyra's father during a court-sanctioned, unsupervised visit. He fatally shot Kyra, then set his house on fire and killed himself.

Kyra's father and Franchetti were in a custody battle at the time, and police said there had been warning signs of Kyra's father's volatile behavior.

Franchetti, of Manhasset, said Nassau Family Court knew her ex was stalking and threatening her, but a judge ruled he was "low risk" and stated the parents should share joint custody.

After her daughter's murder, Franchetti began a grassroots movement to rewrite family court law, but the legislation was held up by legal language that might have greenlighted hearsay allegations or the potential for false claims that couldn't be refuted.

Franchetti rewrote the bill ten times, and this week, Assemblyman Charles Lavine said both sides of the aisle in Albany came together on Kyra's Law.

"We will have a better system now of determining when and how children should have visitation and who should have custody," he said.

Protecting children from abusive parents

CBS News New York has been covering Franchetti's tireless work, her mission supported by 300,000 Long Islanders who emailed lawmakers and hosted marches and rallies.

Franchetti said it was "very emotional" to be on the Chamber floor when Kyra's Law passed.

"Kyra's Law is going to move us lightyears forward in addressing the child custody crisis and protecting children from abusive parents," she said.

Family court legal expert Patricia Pastor said reforms might have saved not only Kyra's life, but the lives of children like 8-year-old Thomas Valva, who died of hypothermia after his father forced him to sleep in a freezing garage, and 7-year-old Jor'Dynn Duncan, who was allegedly tortured by her dad's girlfriend for months and died from an untreated infection.

"It will definitely be helpful for judges in family court to have this bill that states that child safety is the top priority in a child custody case or child visitation case," Pastor said.

Kyra's Law now awaits Gov. Kathy Hochul's signature.

"We're cheering her on and hoping we can get this to the finish line quickly," Franchetti said.

A spokesperson for the governor said in a statement, "Governor Hochul's top priority is to ensure the safety and well-being of all state residents, especially when it comes to our youngest New Yorkers. She will continue to support initiatives that aim to address evolving threats, increase awareness and broaden protections. The Governor will review the legislation."

Hochul has until the end of the year to decide whether to sign the bill into law.