Despite the fact that petitioner was not living with a parent at the time due to a brief juvenile pretrial detention, the petitioner was still in the physical custody of the parent. When examining a contested term within an area generally governed by state law, federal courts should look to state law indicia for the meaning of the term.
http://www.ca2.uscourts.gov/decisions/isysquery/1b02a388-b3d2-411b-83ac-285cdabaaea6/1/doc/16-3480_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/1b02a388-b3d2-411b-83ac-285cdabaaea6/1/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.