Patricia P. Kean - Page 16

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          continue existing custodial arrangements, reduce the custodial              
          arrangements to writing, and share equally in the legal authority           
          and responsibility for major decisions concerning the children.             
          There is no evidence in the record that Mr. Kean and Ms. Kean               
          ever reduced the custodial arrangements to writing pursuant to              
          the November 25, 1992, Order.  For 2 months in 1992, Ms. Kean and           
          the children lived in a residence apart from Mr. Kean.  That Ms.            
          Kean and the children lived apart from Mr. Kean for 2 months does           
          not necessarily mean that Mr. Kean was not a custodial parent.              
          During the time when they lived apart, Judge Ross issued the                
          November 25, 1992, Order, denying both Mr. Kean and Ms. Kean’s              
          separate applications for physical custody, thereby confirming              
          that Mr. Kean and Ms. Kean were both custodial parents.                     
               As of December 1992, Ms. Kean and the children resumed                 
          living in the marital residence with Mr. Kean.  The January 9,              
          1996, Order, was the first of the orders issued by Judge Ross to            
          determine physical custody as an issue separate from legal                  
          custody.  In the January 9, 1996, Order, Judge Ross ordered that            
          Mr. Kean and Ms. Kean share physical custody and set out the                
          particular schedule that they should use to share physical                  
          custody.  There is no indication in the record that Mr. Kean was            
          a noncustodial parent at any time during the divorce proceeding.            
          Because Mr. Kean was a joint custodial parent, N.J. Stat. Ann.              
          sec. 9:2-5 (West 2003), quoted above, would have had no                     






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