- 6 - object, stating that Amanda lived with her mother for the years 1996 through 1999. Upon the completion of Ms. Macera’s testimony, this Court afforded petitioner the opportunity to cross-examine her about her testimony. Petitioner, however, stated: “Your Honor, I have no questions”, choosing not to question Ms. Macera about her contradictory testimony. Petitioner’s failure to question Ms. Macera’s testimony leads the Court to conclude that Amanda spent little time residing at petitioner’s home and most of her time at her mother’s house. Even if we relied solely on petitioner’s testimony, we would nonetheless find that petitioner did not have custody of Amanda for a portion of the year greater than that of Ms. Macera. Petitioner's situation falls squarely within the general rule that the parent with custody of a child for the greater part of the year is treated as having provided over half of that child's support for the year. Petitioner’s testimony proves that he had custody of Amanda for a period of time shorter than that of Ms. Macera. Furthermore, Ms. Macera’s testimony that she had custody of Amanda for the entire year remains uncontroverted. Consequently, we find that petitioner did not have custody of Amanda for the greater portion of the calendar year 1998.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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