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IN RE CUSTODY OF A.F.J.

Nos. 63919-6-I, 63982-0-I.

251 P.3d 276 (2011)

In re Parentage and CUSTODY OF A.F.J., a minor child. Mary Franklin, Appellant/Cross-Respondent, v. Jackie Johnston, Respondent/Cross-Appellant.

Court of Appeals of Washington, Division 1.

May 16, 2011.

Attorney(s) appearing for the Case

H. Michael Finesilver , Attorney at Law, Jonathan Mark Weiss , Law Office of J. Mark Weiss PS, Seattle, WA, Peter S. Lineberger , Attorney at Law, Spokane, WA, for Amicus Curiae, American Academy of Matrimonial Lawyers.

Trisha L. McArdle , Office of the Attorney General, Seattle, WA, Sheila Malloy Huber , Carrie Hoon Wayno , Office of the Attorney General, Olympia, WA, for Amicus Curiae, DSHS.

David J. Ward , Legal Voice, Seattle, WA, for Amicus Curiae, Legal Voice.

Ruth Laura Edlund , Wechsler Becker LLP, Seattle, WA, for Amicus Curiae, WSBA Family Law Section.

Mary Franklin , Seattle, WA, for Appellant/Cross-Respondent.

Lori Larcom Irwin , King Co. Superior Ct./Dependency CASA, Seattle, WA, for Guardian Ad Litem, A.F.J.

Dennis John McGlothin , Robert Joseph Cadranell, II , Olympic Law Group PLLP, Carol J. Ellerby , Public Defenders Assoc., Seattle, WA, for Respondent/Cross-Appellant.

DWYER, C.J.

¶ 1 This case concerns the interplay between foster parenting and the common law de facto parentage doctrine. Jackie Johnston, the biological mother of a newborn, encouraged Mary Franklin, Johnston's intimate partner, to develop a parent-like relationship with the child. Subsequently, the State initiated a dependency proceeding on the child's behalf and Franklin became the child's foster parent. Finding both...

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