IN RE: J.M. (2026)

Orders (one for each child), Supreme Court, Bronx County (Judith D. Waksberg, J.), entered on or about October 29, 2025, which awarded respondent fathers sole legal and physical custody of their respective children with liberal parenting time to petitioner, unanimously affirmed, without costs.

Family Court's orders awarding full legal and physical custody of the subject children to their respective fathers have a sound and substantial basis in the record (see Matter of Gregory L.B. v Magdelena G., 68 AD3d 478, 479 [1st Dept 2009] ).  Both fathers testified that the children have lived with them for years following their removal from the mother's care by the Administration for Children's Services.  The evidence adduced at trial revealed that the fathers were better able to provide a loving and stable home for the children, where they could thrive physically and emotionally (see Matter of Nyron P. v Giselle A., 155 AD3d 545, 545 [1st Dept 2017];  Matter of Dedon G. v Zenhia G., 125 AD3d 419, 419–420 [1st Dept 2015] ).  Further, the fathers' testimony established that they took the children to school, managed all their medical appointments and health needs, and provided for them financially (see Matter of Paul D. v Margarita O., 227 AD3d 439, 440 [1st Dept 2024];  see also Matter of Tylaeya C. v Karl S., 187 AD3d 402, 402–403 [1st Dept 2020] ).  Given the mistrust and lack of communication between the parties, the court properly declined to grant joint custody (see Matter of Stephanie C. v Ricardo E., 231 AD3d 663, 664 [1st Dept 2024] ).

The court's orders also provide the children with continuity and stability while granting the mother continued liberal visitation with the children (see id.).