According to the Center for Judicial Excellence, 989 children have been killed by a divorcing or separated parent in the U.S. since 2008. In New York, children continue to be put in life-threatening situations as parents fight for custody.
The most recent local case involves the father of 4-year-old Rykelan Brown, who was initially charged last week with first-degree manslaughter in connection with his son’s death.
A mother who lost her daughter to a murder by the child's father during a court-ordered visit is now she’s fighting for change in honor of her daughter.
“She had the most contagious laugh, that when you walked into a store you could just see people smiling back immediately," said Jacqueline Franchetti, founder of Kyra’s Champions.
The day was July 27, 2016, when years of frustration turned into heartbreak for Franchetti.
“He shot her not once but twice in the back while she slept. He then poured gasoline all over his home and he killed her in a murder-suicide,” Franchetti said.
It caused tremendous damage and heartache.
“It hurt to breathe after Kyra’s murder. It physically hurt to breathe in a world without her,” she said.
There were circumstances she saw coming.
“So many women, we are told to leave an abusive relationship to get out. And I did. In fact, I left when I was pregnant with Kyra to protect her from her abusive father. But we're not told what happens once we leave and we have a child with our abuser,” Franchetti said.
She calls the state’s family court system an abuser’s paradise.
“Because, unfortunately, once you enter New York state family court, the abuse won't end. It will get exponentially worse," she said.
Franchetti said her attempts to make judges and child protective services aware of the dangers Kyra’s dad presented were ignored. She added that 36 children in New York have been murdered by an abusive parent since 2016.
Just in the past few months, the mother of 5-year-old Nefertiti Harris was charged in connection with the beating death of her daughter after gaining custody.
Joshua Emmons, the father of Rykelan Brown, is also facing charges after his 4-year-old died from what were originally reported by Emmons as “injuries from a fall.”
Both parents previously faced abuse allegations.
“Kyra’s Law will first of all make child safety the top priority in a custody case. Second of all, it will mandate judge training. Our judges are not properly skilled, nor are they properly trained, when assessing these life-and-death situations in New York family court.”
It also would force the court to hold an evidentiary hearing at any point if a child is being abused. There are versions of Kyra’s law in committee in the state Assembly and Senate.
“Abusers are gaining custody of a child at staggering rates in New York state. This is an epidemic that must change. And we need common sense laws like Kyra’s Law to better protect children,” Franchetti said.
State Sen. James Skoufis sponsored the bill. While it has bipartisan support, opponents say it could lead to parents making false accusations to gain custody of children.
“It is then up to the judge to figure out whether that parent is lying," Skoufis said. "It's not as if, you know, you raise an allegation and it is considered to be true on its face.”
Franchetti said, “My daughter should be 10 years old right now. And every day I see the school bus go by my house and she's not on it. My daughter Kyra deserved to live.”