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IN RE CUSTODY OF SMITH

Nos. 65605-3, 65699-1, 66207-0.

969 P.2d 21 (1998)

137 Wash.2d 1

In re the CUSTODY OF Sara Skyanne SMITH. Edison Smith, et al., Respondents, v. Kelly STILLWELL-Smith, Appellant. In re Visitation Rights with Justin Ross Wolcott, David L. Clay, Petitioner, and Lisa Wolcott, Respondent. In re the Visitation of Natalie Anne Troxel, Isabelle Rose Troxel, Minors, Jenifer Troxel and Gary Troxel, Paternal Grandparents, Petitioners, and Tommie Granville, Mother, Respondent.

Supreme Court of Washington, En Banc.

Decided December 24, 1998.

Attorney(s) appearing for the Case

Weber & Gunn, Kenneth W. Weber, Vancouver, Amicus Curiae on behalf of Kenneth Weber.

Cathy J. Zavis, Patricia Novotny, Seattle, Amicus Curiae on behalf of Northwest Women's Law Center.

Christon Skinner, Oak Harbor, for Appellant.

Mark Olson, Seattle, David Metcalf, Everett, for Petitioner.

Catherine Smith, Howard Goodfriend, Seattle, Kenneth Masters, Bainbridge Island, for Appellant Stillwell-Smith and Respondent Granville.

Claire Reiner, Anacortes, Guardian Ad Litem.

Mark Theune, Oak Harbor, Grace Wagner, Everett, for Respondent.

MADSEN, J.

The issues presented in these three consolidated cases are whether petitioners had standing to petition for visitation under either RCW 26.10.160(3) or former RCW 26.09.240 and whether these statutes violate the parents' constitutionally protected interest in raising their children without state interference. We conclude petitioners have standing but, as written, the statutes violate the parents' constitutionally...

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