Norma K. Litton - Page 10

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          accurately contemporaneous basis.  Petitioner testified with                
          specificity as to the time that the children spent with her, and            
          Mr. Litton acknowledged that he and petitioner often mutually               
          agreed to deviate from the beginning and ending times set forth             
          in the Standard Possession Order.                                           
               Petitioner and Mr. Litton do not dispute that the children             
          spent the night at petitioner’s home on Tuesdays, Thursdays, and            
          the respective Fridays and Saturdays, as well as on other days              
          mutually agreed upon between the parties.8  With respect to the             
          designated Sundays, the Standard Possession Order awarded                   
          petitioner physical custody of the children until 6 p.m.  It                
          follows therefrom that the children would have spent the night at           
          Mr. Litton’s home on Sunday unless the parties mutually agreed              
          that the children would spent the night at petitioner’s home.               
          Indeed, it is apparent from the record that the parties                     
          frequently agreed to allow the children to spend Sunday night               
          with petitioner when she had custody of them during the weekend.            
               Petitioner asserts that the children spent the night at her            
          home for most, or for more than half, of the Sundays that she had           
          physical custody of them for the weekend.  Mr. Litton                       
          acknowledged that the children spent the night at petitioner’s              
          home on Sunday for at least one-third of the time that she had              

               8  It appears that petitioner’s log contained notations for            
          such occasions, which were included in petitioner’s computation.            

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Last modified: May 25, 2011