Ma’s custody crusade

Fights for bill after Family Court fatally failed daughter

ALBANY — A Long Island mother whose estranged husband killed their 2-yearold daughter and committed suicide in the midst of a heated custody battle is hoping to prevent another tragedy.

In 2016, Jacqueline Franchetti couldn’t stop a Family Court judge from granting her ex, Roy Eugene Rumsey, permission to keep daughter Kyra (inset l., with her mother) overnights at his home despite episodes of violence and evidence of trouble brewing.

Weeks after gaining custody, Rumsey shot the toddler in the back as she slept and set his Virginia home on fire before turning the gun on himself.

“Her murder was 100% preventable,” Franchetti said.

“My daughter was a silly, giggly, happy toddler. She loved Elmo and Mickey Mouse. She loved to blow bubbles,” she said. “She was fiercely independent at that age and she’s frozen in time.”

The anger, abuse and suicidal comments made by her ex were well known to the court, but it didn’t make a difference, she added.

“They noted in their report that he had extreme rage and anger issues. That he was threatening me, cussing at me in front of Kyra. And everyone knew that he was suicidal,” Franchetti (inset r.) said. “He wasn’t following court orders. He was stalking me, and whenever I brought it up, instead of doing something about it, I was told by the judge to grow up. The forensic evaluator dismissed claims of abuse and marked him as low risk.”

On Thursday, Franchetti will tell her story to the Assembly Judiciary Committee in Manhattan in hopes that lawmakers can craft legislation leading to court reforms that can keep kids safe.

She wants to mandate that all judges, attorneys and forensic evaluators involved in cases with family violence are properly trained and ensure that the Adverse Childhood Experiences Study conducted by the Centers for Disease Control and Prevention is used to evaluate child custody, divorce visitation cases.

“Child safety is not complicated,” Franchetti said. “Making sure everyone is trained and using the best research and ensuring transparency and accountability throughout our Family Court system. Three simple steps, three easy steps, we can take to make a difference and change a child’s life tomorrow.”

Assemblyman Jeff Dinowitz (D-Bronx), the chairman of his chamber’s Judiciary Committee, said he is preparing legislation that will address Franchetti’s concerns.

“Our main goal is that we in New York are doing what’s in the best interests of children and doing everything possible,” Dinowitz said, noting that Franchetti was the inspiration for the hearing. and