Jennifer Ann Rogers - Page 6




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          vacation that he took with Diana during July of 1998.  The                  
          vacation occurred during a period of time that Diana otherwise              
          would have spent with Ms. Rogers.  In Mr. Lautenberger’s words,             
          “Jennifer and I * * * each had custody an equal amount of time,             
          other than that week, which put Diana in my custody more than 50            
          percent, more than 183 days of the year.”  Mr. Lautenberger                 
          submitted into evidence a chart he created listing the days that            
          Diana spent with him and the days that Diana spent with Ms.                 
          Rogers during 1998.  He also submitted two diaries that he                  
          allegedly maintained contemporaneously that included notations              
          about the number of children that lived with him during any given           
          week.                                                                       
               The evidence submitted by Mr. Lautenberger in support of his           
          claim is unconvincing and generally is self-serving and not                 
          credible.  The chart showing which days of 1998 Diana spent with            
          each petitioner was compiled by Mr. Lautenberger one day before             
          trial (Feb. 5, 2002).  The chart, therefore, is nothing more than           
          a summary of his contentions.  Mr. Lautenberger’s diaries fail to           
          show that Diana spent a greater portion of the year with him than           
          with Ms. Rogers.  The diaries contain a “0”, “2”, or “4” on the             
          first page for each week, purportedly indicating how many                   
          children lived with Mr. Lautenberger during that week.  The                 
          diaries do not indicate which of the children the numbers refer             
          to, nor do they indicate which of the children or how many                  






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