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Fourth Department – Child custody: Brenda L. M. v. James R. K.
Daily Record Staff//July 17, 2026//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Child custody — Safe environment
CAF 25-00769
Appealed from Supreme Court, Jefferson County
Background: The petitioner-respondent appealed from an order that continued primary physical custody of the subject children with respondent-petitioner father.
Ruling: The Appellate Division affirmed. The court noted that the evidence supported that the father’s home was a safer environment in light of the multiple injuries the children sustained when they were at the mother’s home, including a dog bite incident. Additionally, the evidence at the hearing raised concerns whether the mother would allow the children’s half-brother, who had allegedly sexually abused the children, near the subject children again.
Peter J. Digiorgio Jr. for the petitioner-respondent-appellant; Todd D. Bennett for the respondent-petitioner-respondent; Walker Burkard, attorney for the children.
Submitted
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