Advocates Push for Kyra's Law to Prioritize Child Safety in Custody Cases After Four-Year-Old's Murder

Statewide advocates are calling for the passage of Kyra's Law to enhance child safety in custody disputes following the tragic death of Axel Hernandez.

Published on Feb. 21, 2026

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Nearly a month has passed since four-year-old Axel Hernandez was killed by his father, who then took his own life. Axel's mother had raised concerns about the father to law enforcement multiple times, but no action was taken. Statewide advocates are now pushing for the passage of a bill known as Kyra's Law, which aims to prioritize children's safety in custody cases by requiring courts to consider all information regarding allegations of abuse, domestic violence, and child safety, as well as the appointment of an attorney to represent the child when credible allegations of child abuse are present.

Why it matters

This case highlights the urgent need for reforms to the family court system to better protect children in custody disputes. Despite the tragic deaths of children like Axel and Kyra, Kyra's Law has repeatedly been struck down in the state Assembly, raising concerns about the influence of pro-criminal advocates and the lack of prioritization of child safety.

The details

Kyra's Law, named after Jacqueline Franchetti's nine-month-old daughter who was murdered in 2016, has passed the state Senate overwhelmingly but has been repeatedly rejected in the state Assembly. The law would require courts to consider all information regarding allegations of abuse, domestic violence, and child safety, as well as the appointment of an attorney to represent the child when credible allegations of child abuse are present. Franchetti has been advocating for the bill through her organization, Kyra's Champions, and says that since her daughter's death ten years ago, 42 children have been killed by parents during custody cases, including two this year.

  • Axel Hernandez, a four-year-old, was killed by his father who then took his own life nearly a month ago.
  • Kyra Franchetti, Jacqueline Franchetti's nine-month-old daughter, was murdered in July 2016.

The players

Axel Hernandez

A four-year-old child who was killed by his father, who then took his own life.

Jacqueline Franchetti

The mother of Kyra Franchetti, who has been advocating for the passage of Kyra's Law through her organization, Kyra's Champions.

Kyra Franchetti

Jacqueline Franchetti's nine-month-old daughter who was murdered in July 2016, leading to the creation of Kyra's Law.

George Borrello

A New York state senator and co-sponsor of Kyra's Law.

Andrew Hevesi

The Assembly sponsor of Kyra's Law.

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What they’re saying

“Kyra's law is named after my daughter. And what happened and took place in her in her custody case.”

— Jacqueline Franchetti, Founder, Kyra's Champions (whec.com)

“From the very first time that I entered family court, I told I was being stalked, harassed, threatened. I was terrified for my life, for Kyra's life. The judge's reaction? She yelled at me to, quote unquote, grow up. An attorney for the child, who I begged repeatedly to get more involved, including six days before Kyra was murdered by her father. He refused.”

— Jacqueline Franchetti, Founder, Kyra's Champions (whec.com)

“It passed unanimously in the Senate and was never taken up in the Assembly. So even when we're dealing with, you know, children's becoming murder victims, it's still a bridge too far for for some in the, in the, in the state legislature, which is really the most tragic part.”

— George Borrello, New York State Senator (whec.com)

What’s next

The judge in Axel Hernandez's case will decide on Tuesday whether or not to allow the father out on bail.

The takeaway

This tragic case underscores the urgent need for Kyra's Law to be passed, which would prioritize child safety in custody disputes and provide greater protections for children facing abuse or neglect. The repeated failure to enact this common-sense legislation despite the deaths of children like Axel and Kyra raises serious concerns about the influence of special interests and the lack of prioritization of child welfare in the state legislature.