parent has been caring for the child the court goes on to say it is proper for the court to consider who has been the primary caretaker of the children during the marriage including during and now we get to the first question thank you yes his honor works through this factor it is evident that c c is given no predator or virtually no credit for having been without question the children's primary caregiver throughout all of their lives prior to june of two thousand and seven in june two thousand and seven as families where the parties are entered a an agreement about for custody and for how the children will be parenting while the divorce proceeding was pending that was june two thousand and seven at that time at that time katherine was nine years old  was six years that means that is it is one challenge here for the first nine years of cathy life her primary caregiver which sees for the first six years of also it is one cha that her primary caregiver once since it is also one challenge that during those years of katherine was like the children thrive that c c was an excellent and attentive mother that the of raising children getting them up getting them fed getting them to school dealing with the teachers being have school participating narratively at the end of the school day bringing them home arranging play dates with friends i'm not for a moment primary third ever and it's quite apparent here that in judge butler's order the spite of the judges clearly acting articulation of the legal standard no credit was given this season for her was a primary caregiver during all of that time of the children's like she should have been credited was not respectfully suggest that was apparently the other feature of their in this consideration project buffer involved just this period of the party story for agreement we agree with that completely we think the record is very clear the children have done very well it worth right but the record is also clear as the primary caregiver was under the agreement sixty two part of the children from seven o'clock in the morning until only got home each night monday through friday that's about four thirty she had the children on alternate weekends late in the afternoon on friday to late in the afternoon of sunday she had the op with their children and often is on the nights when you work through the analysis of what that means and who was doing once again who was doing the heavy lifting of the parenting and getting the kids to school and dealing with all the school issues for was doing that during the school year that will cease when we get to the summer it's even more clear we're talking about from the time the children wake up till late in the afternoon every day during the summer nine and a half hours of faith after day after day monday through friday it sees i don't mean denigrate wiley's love for his children i don't i wouldn't cast aspersions on that ever but when we're talking about who was primarily caring for these children not only in terms of the raw number of hours your honors well know that's not the only part of the analysis but who was doing the work of the parent the most difficult responsibilities of the parenting need state that while he was the primary caregiver during that period and therefore that justifies in the trial court's mind that all should be given sole custody that's fair that's in a row his factual parenting but also and most importantly the children love her they wanted to be with her now of course to the exclusion of wally they love their father too but they love her and they thrive under her care she plainly t bipolar disorder as she encountered it negatively affected her ability to parent this is what dr basically i don't really give many opinions of our parenting and two times during my practice which has been a long time  advise people not to have children they both went ahead and had kids and i think they turned out all right so i don't get the expertise to tell somebody about parenting i'm have to say about whether she fight all of this or negatively affects her ability to parent to traders not hired gun experts to treat or say it does not the one hired gun expert for the so custody were to be awarded it would have to be awarded to well when the court considered briefly whether joint custody was appropriate the court said no because the court didn't perceive that the two parties could get along on the issues of schooling and religion now respectfully on those two issues i think when you look at the entirety of the record what does the issue are the matter of of school in disagreements over schooling boiled down to or whether it was error for judge parker to say that these disagreements not at all uncommon over the religion under which children children should be raised disqualify these children from having their parents have is appropriate i don't believe are the facts here when we look carefully at the facts and one would say that friday folders and relatively mild disagreements over religion should be just fine and the expectation that respondent will have frequent parenting time with the children and should be allowed to participate in their school and extracurricular activities it would be a significant loss to the children if meaning c from school what would it be three three thirty she was there to pick them up from school she was to leave the marital home by four thirty each day now there is was testimony by a number of people  difficulties with that arrangement with having to see him leave on time but it would be our contention that she was not the primary caretaker from june of zero seven through the proceedings as well judge if you look to the state of the house when celia was the primary caretaker and again with all due respect i'm not saying and walter reed it was partially his responsibility but these people would read that he was the primary breadwinner cecilia stayed home and if you look at the photographs submitted  we're not just talking about a messy house we're talking about conditions which ultimately actually cost safety concerns particularly for paul when she was in he was in her primary care walter testify about an incident which actually happened shortly before walter decided that he had to file for divorce second time for the children say when he came home there was a perfect hand on the s you wouldn't find all in the home and called nine one one and the police have to come to the home and they found all behind her occurred  believe the fan incident would have been church you would have been he was born in two thousand and one so i believe you would he would have been three or four children's report cards children's i'm sorry her cellphone as well as for as well as for her keys  two thousand and seven when walter decided children say he had to file for divorce again there was evidence that unwillingness to take her medications and as dr fay indicated there was a likelihood of future difficulties it was great the likelihood was great there would be  difficulties because celia didn't know recognize the extent of her illness or the seriousness of her symptoms and in fact dr forty out who was called by cecilia did not disagree with that state all of the doctors agree that the him or question was whether cecilia would be able to recognize when her illness was affecting her ability to parent children and all of the doctors agreed with that statement by dr fay neither of  i'm sorry or flora provided an answer that they read that was an important quest father indicated that celia's disorder was difficulties in her managing daily  liberal currently celia has children every other weekend monday overnight believe every other week and when she doesn't have them up on monday every other only silly it wasn't there's testimony she wasn't leaving the house our time there were broken things and in america home she was present whether she broke them or someone else broke them one of the children broke them  for katherine didn't invite well then they tried to work up an arrangement where they were going to have i'm sorry didn't invite walter and then they tried working arrangement where they were going to have a joint birthday think when we ask what i think is a fundamental and important question would be if the position was in trust to be the primary caregiver of his turning the children fine men when we look at my client's condition disappears and the most significant issue here in this courtroom which is the best interest of the children was are these children trying they did very well as a family we don't disagree with that at all only point of contention is she was the primary caregiver when you work through the party joint parenting agreement and i respect that i think you heard much i do mean from counsel on this point when you work through the nuts and bolts of the parties agreement  seven she was the primary caregiver she had the most time with these kids she did the heavy lifting of the parenting schooling and everything else and i am i misunderstanding the arrangement i thought there was an hour in the morning and an hour side order says she was involved in that part of her and it shorted her number of activities for the children arranging play dates picking them up from school bringing them home and it was at least a couple of hours at the end of the day and as counsel even said sometimes it was difficult to get c c to leave i'm not saying that's ok specially when you're dealing with a court order but i think it is reflective of the fact that she loved her kids she wanted to be with them and they wanted to wanted to be with her so it was more than just an hour at the beginning and the end of each day it was also alternate weekends same as wally and it was also alternate on the nights during the school year when you get through the summer and there were two summers involved in the summer of zero seven also good and all of the summer  was charged with keeping running rather than clean it up he chose to take pictures to win a case and to seek to deprive his wife of the role the only role she'd known with her children primary children late to school and coming without assignments and lost wallet and cell phone in keys i'm thinking there but for the grace of god go i hopefully i and my wife never get measured in a court room against that standard this is parenting it's messy it's not perfect that brings me back to the most important point you would think you would think you would hope that if these messy pictures answer i'm saying i put it we're talking about a matter of science and they couldn't find a scientist even an expert scientist hired to help win a case they couldn't find one to say these things mean her bipolar presents a danger to the kids means she's unable to parent even diminishes her ability to parent they couldn't find anyone to save them i paid the score as you made your decision on this most important matter please don't look at picture as you look at pictures as you look at arguments about whether messy cars and homes kids late for school and without their homework should count to deprive