Proposed state law better prioritizes child safety in custody and supervision cases
A resolution in support of a proposed state law that would better protect children in custody cases passed Thursday in the Erie County Legislature by a vote of 11-0. The measure, introduced by Erie County Legislator Frank Todaro urges the passage and enactment of Kyra’s Law.
“The health and safety of children should always be the number one priority when courts are determining custody and visitation,” said Legislator Frank Todaro. “Unfortunately, the courts have often been slow to recognize issues of domestic violence and child abuse when making these rulings. Kyra’s law would put the focus where it belongs.”
The law is named for a Nassau County toddler who was ordered by the court to have unsupervised visits with her father, despite protestations and pleas from the child’s mother that the father was dangerous, angry, and suicidal. During a court-sanctioned unsupervised visit with her father, Kyra was murdered and the father committed suicide.
“Kyra’s mother knew her daughter was in danger. She begged the courts. The judge said it was not a life or death situation. I can’t imagine her pain, grief, and frustration. We must do better,” added Legislator Todaro.
The law encourages a multidisciplinary approach in determining custody, one that includes experts in domestic violence and child abuse. The legislation would prevent the courts from presuming that a child’s negative relationship with one parent was simply caused by the other parent. In cases where domestic violence or child abuse has occurred, the court would not base decisions on a legal presumption of shared parenting. It would also require judges and court personnel handling child custody cases where domestic violence or child sexual abuse is alleged to complete training at least once annually. There would also be other modifications implemented to protect children in abusive relationships.
“The students at Cleveland Hill recently joined together in support of Kyra’s Law. I commend them for their advocacy. To see this young generation, step up and speak out is truly an inspiration. We have to protect the children in these court cases. Their well-being absolutely must be the top priority. I thank my colleagues for supporting this resolution,” said Legislator Todaro.