Jennifer Ann Rogers - Page 7

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          children lived with Mr. Lautenberger on any particular day of the           
          week.  It is also not clear whether the numerical notations were            
          contemporaneously made.  The vast majority of the entries in the            
          diaries were written in ink, but the numerical notations                    
          indicating how many children lived with Mr. Lautenberger each               
          week were written in pencil.  Mr. Lautenberger admitted that he             
          had no independent memory of where Diana was during each day of             
          1998.  He also explained that the notations in his diary                    
          regularly were used as a planning tool so that he could mark in             
          advance the children that probably would be with him for a month            
          and schedule his time accordingly.                                          
               Ms. Rogers does not dispute that Diana went on a vacation              
          with Mr. Lautenberger during a week that Diana otherwise would              
          have spent with her.  She argues, however, that it is simply                
          impossible to ascertain which of the two of them had physical               
          custody of Diana for the greater portion of the year.                       
               Although Diana regularly alternated between petitioners on a           
          weekly basis during 1998, the parties did not rigidly enforce               
          compliance with the custody order.  Mr. Lautenberger testified              
          that “We have an agreement for a week on and a week off, so we              
          can say that most weeks generally are going back and forth.”  Ms.           
          Rogers testified that Diana generally spent one week at a time              
          with each petitioner, but that exceptions were made.  Ms. Rogers            

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