Time is an important factor in custody determinations. The bottom line is that the parent that spends the most time with the child will be advantaged as far as any custody determination by a Court. In M.J.N v. J.K., 2017 Pa. Super. LEXIS 623, *7-10, 2017 PA Super 268, 2017 WL 3568636 (Pa. Super. Ct. Aug. 18, 2017) the father was a busy businessman that spent much time at work and travelled relatively frequently. As a result of this travel and the resulting time away from his child, the Court indicated that the mother should have joint but primary custody. Specifically, the father did not always exercise his custody periods. This seems unfair. It many ways it is unfair to the primary breadwinner of the relationship. It does not seem fair that the father, who works to pay primary child support should have this used against him. Nevertheless, the stay at home individual who can spend more actual time with the child will have custody factors of that nature found in favor of this individual.
Physical availability is also important when determining the individual best available to provide continuity and safety and the simple fact that a parent is around more often will positively influence a Court. The Court advised the father that he should spend more time with his son.
The bottom line here is presence and involvement are the lodestone of custody determinations, simply because such things demonstrate investment in a child’s best interests.