Aetna Casualty & Surety Company v. Charles

Defendant, Christopher Alan Bippus (Chris), is the natural son of Michael A. Bippus (Michael) and Rita J. Bippus (Rita) whose marriage ended in divorce in 1982. Pursuant to the final decree of dissolution, Michael and Rita have joint custody, care, and control of Chris and his two brothers. Rita does not pay support and Michael is entitled to claim the applicable tax exemptions for the three children. Michael retained ownership of the marital residence while Rita maintains a one-bedroom apartment. Following Michael and Ritas 1982 divorce, Chris and his two brothers continuously resided at Michaels residence except for overnight visits to Ritas apartment approximately once every six weeks. These visits never exceeded more than one night and occurred only during weekends. Chris did not have a key or unlimited access to Ritas apartment and he did not keep any clothes at her residence.