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called “nonrevenue travel” at no expense on American Airlines and
for a nominal fee on other carriers. Her commuting was
occasionally subject to flight delays due to weather, air
traffic, available seats, and other factors. Ms. Kennedy also
utilized her nonrevenue ticket privilege to travel recreationally
and to purchase airline tickets for friends and family members.
As a general practice, Bianca and Alexa lived with their
mother when she was not working; when Ms. Kennedy was working,
they lived with petitioner. Petitioner and Ms. Kennedy observed
this general practice as “the best thing for the kids.” The
arrangement also afforded Ms. Kennedy the flexibility she needed
in her employment. Because Ms. Kennedy’s work required overnight
travel, Bianca and Alexa often spent several consecutive days
during each month, including significant periods during the
summer and on holidays, with petitioner or in his care.
There were exceptions to the girls’ general practice of
living with their father when Ms. Kennedy was working and with
their mother when she was home. On occasion, the girls spent
days or portions of days with petitioner, petitioner’s parents,
or other relatives even though Ms. Kennedy was not working, or
with relatives other than petitioner when Ms. Kennedy was
working. If petitioner was out of town when Ms. Kennedy left for
a trip, the girls stayed at petitioner’s home, where Ms. Zorb
cared for them. Petitioner’s parents lived in Aberdeen, Ohio,
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Last modified: May 25, 2011