Ragghanti

Star O. Reyes (mother) and Kenneth Ragghanti (father) are the parents of the minor child, Karyn. Karyn was bom on April 3, 1997. Mother and father never married and, with but a brief exception, never lived together. Karyn lived primarily with mother for the first six years of her life and visited father regularly.

When mother decided she wanted to move away and take Karyn with her, father sought an order of the court giving sole custody of Karyn to him. Prior to trial of the custody issue the parties agreed that no final permanent custody determination had ever been made so that the trial court was to use the “best interests” analysis and consider all circumstances in making its custody decision. The trial court concluded that it was in Karyn’s best interest to live primarily with father and awarded sole physical custody of the child to him. Mother appeals from that order.

Mother contends that the trial court erred in applying the best interests analysis in the way it is typically used for initial custody determinations. She argues that given the length of time Karyn lived primarily with her, the court was required to find either that mother’s care was deficient or that…