In the Interest of J.O.

The majority concludes “[i]t is unnecessary to interpret the distinction between physical and legal custody because in this context they are identical,” and “[n]o amount of contact with the child rises to the level of physical or legal custody without a judicial determination.... ” I must disagree because I believe the majority misapplies the statute by failing to examine the language chosen by our legislature.

The record shows that the legal custody of Jaden was placed with Leah in April of 2002. The issue is whether Jaden’s “physical” custody was removed from April for the required period…