Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered May 18, 2011, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for modification of a prior order of custody.
Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the unmarried parents of a daughter (born in 2003). After the parties’ 11-year relationship dissolved, Family Court entered an order on consent providing for, among other things, joint custody of the child with the father having primary physical custody during the school year and parenting time with the mother. Days later, the mother petitioned for modification of the custody order. Following fact-finding and Lincoln hearings, Family Court treated the matter as an initial custody proceeding in light of the brevity of the parties’ agreement and awarded joint custody with physical custody to the father and parenting time to the mother. The mother now appeals.
The child’s best interests is the paramount concern in a custody determination (see Matter of Robinson v Davis, 58 AD3d 1041, 1042 [2009]), and an initial custody determination requires Family Court to consider such factors as “the parents’ ability to provide a stable home environment for the child, the child’s wishes, the parents’ past performance, relative fitness, ability to guide and provide for the child’s overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]). In a comprehensive decision, Family Court considered all of the appropriate factors in determining that the father’s home provided more of the stability and continuity of
Mercure, J.P., Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.