IN RE BROWN

No. 74699-1.

105 P.3d 991 (2005)

153 Wash.2d 646

In the Matter of Sierra Helen BROWN, (d/o/b 11/19/92) child. Gail M. Luby, Petitioner, v. Beth Da Silva and Lisa Sherman, Respondents.

Supreme Court of Washington, En Banc.

February 10, 2005.


Attorney(s) appearing for the Case

Steven Brown, Rachel Pierce, Margaret K. Dore, Law Offices of Margaret K. Dore PS, Seayyle, for Petitioner.

Michael David Hunsinger, Hunsinger & Associates Sutkus & Kestle, Seattle, for Respondents.

Julie Mary Sheridan Herber, Robbins & Herber PS, Everett, Joan Zorza, Washington, DC, Elizabeth J. Kates, Pompano Beach, FL, for Amicus Curiae National Network of Family Law Policy.

Lisa Kay Barton, Issaquah, for Amicus Curiae Northwest Women's Law Center.


C. JOHNSON, J.

This case involves a dispute between two nonparents over custody of a child. Both nonparents filed petitions for custody under chapter 26.10 RCW. Petitioner, Gail Luby (Luby), seeks reversal of the Court of Appeals decision affirming the judgment of the trial court. Luby claims she should be afforded a presumption of fitness and that the trial court erred in applying the statutory standard of best interests...

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