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IN THE COURT OF APPEALS OF IOWA No. 8-728 / 08-0378 Filed December 31, 2008

CHANTELLE S. JOHNSON, Petitioner-Appellant, vs. JOSEPH A. DEJOODE, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Honorable D.J. Stovall, Judge.

Chantelle Johnson appeals from the district courts custody order granting Joseph DeJoode physical care of their son. AFFIRMED.

Jeffrey Kelso of Howe, Cunningham & Lowe, Urbandale, for appellant. Karen Taylor of Taylor Law Offices, Des Moines, for appellee.

Heard by Vogel, P.J., and Mahan and Miller, JJ.

2 VOGEL, P.J. Chantelle Johnson appeals from the district courts custody order granting Joseph DeJoode physical care of their son, Drake. As the primary caregiver, she contends the order is not supported by the record and is not in the best interests of the child. We affirm. I. Background Facts and Proceedings

Chantelle and Joseph began dating in 1997 and living together in 1998, in the home of Josephs parents. Drake was born in April 1999, and Chantelle stayed home with him for the first two years of his life. The parties separated in November 2002. In December 2002, Chantelle married Jeffrey Johnson and Drake resided with them. In August 2006, Chantelle, Jeffrey, and Drake moved to Florida without informing Joseph. No formal order relating to custody,

visitation, or child support of Drake was established until October 23, 2006. A temporary order then granted Chantelle and Joseph joint legal custody, with Chantelle having physical care and Joseph visitation and a child support obligation. In the summer of 2007, Joseph was denied his visitation with Drake, which had been previously arranged in a mediation agreement. Consequently, on

August 1, 2007, he filed an application for an order setting further hearing on temporary matters, asking the court to clarify his visitation rights from the current date until the scheduled trial date in January 2008. On August 27, a hearing on temporary matters was held with only Joseph and his attorney appearing; Chantelle later claimed she did not receive notice of the hearing. On August 28, and in an amended order, the district court changed temporary physical care of

3 Drake from Chantelle to Joseph. Both parties maintained joint legal custody. Joseph then went to Florida, and with the temporary order in hand, retrieved Drake from Chantelle and brought him back to Iowa. On January 9, 2008, after a trial concerning the paternity order establishing custody, visitation, and support, the court awarded joint legal custody to both parties, with Joseph having physical care of Drake, and granting Chantelle reasonable and liberal visitation. Chantelle appeals. She asserts that she has been Drakes primary caretaker since his birth, and the trial court failed to give that fact proper weight. II. Standard of Review

We review child custody orders de novo. Iowa R. App. P. 6.4. However, we recognize that the district court was able to listen to and observe the parties and witnesses. In re Marriage of Zebecki, 389 N.W.2d 396, 398 (Iowa 1986). Consequently, we give weight to the factual findings of the district court, especially when considering the credibility of witnesses, but are not bound by them. Iowa R. App. P. 6.14(6)(g). Our overriding consideration is the best

interests of the child. Iowa R. App. P. 6.14(6)(o); In re Marriage of Hansen, 733 N.W.2d 683, 695 (Iowa 2007) (stating that the best interests of the child remain the principal consideration in all placement decisions). III. Physical Care

"Legal custody" carries with it certain rights and responsibilities, including, but not limited to, "decision making affecting the childs legal status, medical care, education, extracurricular activities, and religious instruction." Iowa Code

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