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IN RE J.O.

No. 03-1599.

675 N.W.2d 28 (2004)

In the Interest of J.O., Minor Child, M.O., Father, Appellant, A.C., Mother, Appellant.

Court of Appeals of Iowa.

Ordered Published February 19, 2004.

Attorney(s) appearing for the Case

William C. Glass, Keosauqua, for appellant-father.

Myron Gookin of Foss, Kuiken, Gookin & Cochran, P.C., Fairfield, for appellant-mother.

Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, Tim W. Dille, County Attorney, and Patrick J. McAvan, Assistant County Attorney, for appellee-State.

Benny Waggoner, Fairfield, and Kenneth Ketterhagen, Fairfield, guardians ad litem for minor child.

Considered by SACKETT, C.J., and MAHAN and EISENHAUER, JJ., but decided en banc.

EISENHAUER, J.

A mother and father appeal from the juvenile court order terminating their parental rights to their son under Iowa Code section 232.116(1)(h) (2003). The mother claims her son was not removed from her "physical custody" for the requisite period of time. The father contends termination was not appropriate because he had "made progress" and because his son had not been removed from the mother's physical custody for the requisite period of time. We review...

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