- 7 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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