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The parties further agree that Mr. Beeghly had actual, physical
custody of Shelby on Labor Day. The parties disagree as to which
parent had, or should be considered to have had, actual, physical
custody of Shelby on Memorial Day,3 Independence Day, and
Christmas. We need not consider which parent had actual,
physical custody of Shelby on Christmas Day because the order
specifically awards physical custody to Mr. Beeghly. Actual,
physical custody on that date, therefore, is, as noted above,
irrelevant.
All things considered, for purposes of section 152(e)
custody of Shelby during 1997 is as follows:
Petitioner Mr. Beeghly
Days of physical custody 177 182
per agreement or order
Days of actual, physical 3 1
custody on holidays (as
agreed between the
parties)
Days of actual, physical 24 ---
custody on holidays
(disputed by the
parties)
___ ___
Total days 182 183
3 Shelby spent Memorial Day with petitioner’s mother.
4 We give petitioner the benefit of the doubt, as resolution
of the dispute between the parties for these two holidays is of
no consequence.
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