The New York Appellate Division of the Supreme Court has upheld a ruling that grants sole legal and primary residential custody of two children to their mother, Catrina Sapp. The decision, made on November 13, 2026, in the case of Matter of Sapp v. Greene (docket number 674 CAF 25-01005), affects both parents and underscores the court's focus on the best interests of the children involved.

This ruling is significant as it highlights the court's consideration of domestic violence in custody cases. The court found that the father, Philemon Greene, had a history of abusive behavior towards the mother, which played a crucial role in the decision to award custody to Sapp.

In custody disputes, the courts prioritize the welfare of the children. This ruling reinforces the importance of a safe and stable environment for children, especially in cases where domestic violence is a factor.

Background

The parties involved in this case are Catrina Sapp and Philemon Greene, who are the parents of two children. The dispute arose in Family Court, Monroe County, where Sapp sought legal and residential custody of the children. The case reached the Appellate Division after Greene appealed a May 22, 2025, order from Family Court that favored Sapp.

The initial Family Court ruling awarded Sapp sole legal and primary residential custody, allowing Greene visitation rights two days a week. Greene contested this decision, leading to the appeal in the higher court. The case illustrates the complexities that can arise in custody disputes, especially when allegations of domestic violence are present.

The Ruling

The Appellate Division unanimously affirmed the Family Court's decision, stating that the order was supported by a sound and substantial basis in the record. The court emphasized that a custody determination based on firsthand assessments of witness credibility is entitled to great weight. The judges noted, "A court's determination regarding custody ... is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record."

The court also addressed the issue of joint custody, stating that it is inappropriate in cases where the parents have an acrimonious relationship and cannot communicate civilly. The ruling highlighted Greene's abusive behavior towards Sapp, which further justified the decision to award sole custody to the mother. The opinion cited, "Joint custody is inappropriate where 'the parties have an acrimonious relationship and are unable to communicate with each other in a civil manner.'"

In addition, the court found that it was in the best interests of the children to grant Sapp sole legal and primary residential custody. The ruling stated that the evidence supported the conclusion that this arrangement would provide a more stable and secure environment for the children.

Impact

This ruling has significant implications for custody cases in New York, particularly those involving domestic violence. It reinforces the idea that courts will prioritize the safety and well-being of children when making custody determinations. The decision serves as a reminder that abusive behavior can heavily influence custody outcomes, and courts will take such factors into consideration when determining the best interests of the children.

Moreover, this case may set a precedent for future custody disputes where similar circumstances arise. It emphasizes the importance of effective communication between parents in joint custody situations and the potential consequences of failing to maintain a civil relationship.

What's Next

Greene has the option to appeal this decision, although the court's ruling is currently final. There is no indication of any related cases pending at this time. The court filing did not provide further details on any potential next steps for the parties involved.