Frank Planko - Page 8

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          hours of the day, yet claim the entire day for himself.  Because            
          the custody order provides for the custody to change at different           
          times on different days, we determine physical custody in this              
          case on a hourly basis.                                                     
               Based on a calendar prepared by Ms. O’Hara and received into           
          evidence at trial, respondent determined that during 1998 the               
          children were in the physical custody of Ms. O’Hara for a minimum           
          of 4,898 hours and in the physical custody of petitioner for a              
          maximum of 3,862 hours.  The calendar follows very closely to the           
          schedule in the custody order.  Both petitioner and Ms. O’Hara              
          testified that the custody order was strictly followed.  We                 
          believe that the calendar accurately represents the custody of              
          the children for 1998.                                                      
               On brief, petitioner argues that the hours allotted to Ms.             
          O’Hara are inflated because her hours contain time when the                 
          children were attending school.  Petitioner claims that while the           
          children are in school they are not in the physical custody of              
          either parent, but are in the joint legal custody of both                   
          parents.  Petitioner attached a monthly calendar to his brief,              
          which, from the standpoint of the exact days and nights the                 
          children were in the custody of either parent, is essentially               
          identical to the calendar prepared by Ms. O’Hara.  The calendars            
          differ in that petitioner’s calendar excludes the hours of each             
          day that the children spent in school from the time allotted to             





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