- 6 - separation agreement. In the event of so-called “split” custody, or if neither a decree or agreement establishes who has custody, or if the validity or continuing effect of such decree or agreement is uncertain by reason of proceedings pending on the last day of the calendar year, “custody” will be deemed to be with the parent who, as between both parents, has the physical custody of the child for the greater portion of the calendar year. For purposes of section 152(e), custody is determined by the terms of the most recent custody decree, or, if none, by the terms of a written separation agreement in effect at the relevant time. Id. In this case the orders referred to above award petitioner and Ms. Bonner “joint shared” custody over petitioner’s son. As applied to 1998, the orders award physical custody of petitioner’s son as follows: Time Period Days of Custody in 1998 Petitioner Ms. Bonner 1997-1998 academic year, --- 30 second grading period 1997-1998 academic year, 63 --- third grading period 1997-1998 academic year, --- 74 fourth grading period 1998 summer recess 41.5 41.5 1998-1999 academic year, 65 --- first grading period 1998-1999 academic year, --- 50 second grading period Total days 169.5 195.5Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011