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that Mr. Litton “shall have the exclusive right to determine the
residence and domicile of the children.” The divorce decree also
provided that Mr. Litton “shall have possession of the children
at all times not specifically awarded in this decree to NORMA KAY
CASEY LITTON [petitioner], or otherwise mutually agreed by the
parties.”
In a Standard Possession Order, which was incorporated in
the divorce decree, the district court set forth detailed
guidelines regarding “possession” of the children. In
particular, the Standard Possession Order provided that
petitioner “shall have possession of the child at any and all
times mutually agreed to in advance by the parties, and, failing
mutual agreement,” shall have the right to possession of the
children, in pertinent part, as follows:2
Weekends. On weekends, beginning at 6:00 P.M. on the
first, third, and fifth Friday of each month and ending
at 6:00 P.M. on the following Sunday.
Weekend Possession Extended by a School Holiday.
Except as otherwise explicitly provided in this
Standard Possession Order, if a weekend period of
2 The Standard Possession Order also provided very specific
guidelines regulating custody on a child’s birthday, Mother’s
Day, Father’s Day, Thanksgiving, Christmas holidays, and so on
and so forth. At trial, petitioner and Mr. Litton focused almost
exclusively, if not exclusively, on the weekend and
Tuesday/Thursday provisions of the Standard Possession Order. On
the basis of the parties’ focus at trial, and judging from
petitioner’s day-planner, see infra, it would appear that they
generally treated just the weekend and Tuesday/Thursday
provisions as the operative provisions regarding which parent was
entitled to “possession” of the children at any particular time.
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Last modified: May 25, 2011