IN RE CUSTODY OF A.F.J.

No. 86188-9.

314 P.3d 373 (2013)

179 Wn.2d 179

In the Matter of the CUSTODY OF A.F.J. Mary Franklin, Respondent, v. Jackie Johnston, Petitioner.

Supreme Court of Washington, En Banc.

Decided November 27, 2013.


Attorney(s) appearing for the Case

Dennis John McGlothin , Robert Joseph Cadranell II , Olympic Law Group PLLP, Seattle, WA, for Respondent.

Roger Ashley Leishman , Christina Y. Chan , Davis Wright Tremaine LLP, Seattle, WA, for Petitioner.

Mary Franklin, Seattle, WA, pro se.

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

Trisha L. McArdle , Ofc. of the Atty. Gen., Seattle, WA, Sheila Malloy Huber , Attorney at Law, Olympia, WA, Carrie Hoon Wayno , Office of the Attorney General, Olympia, WA, amicus counsel for Department of Social and Health Services.

David J. Ward , Legal Voice, Seattle, WA, Sarah Elizabeth Lysons , Perkins Coie, Seattle, WA, amicus counsel for Legal Voice.

Sarah A. Dunne , ACLU of Washington Foundation, Seattle, WA, Nancy Lynn Talner , Attorney at Law, Seattle, WA, Cyrah Khan , Attorney at Law, Tacoma, WA, amicus counsel for Aclu.


GONZALEZ, J.

¶ 1 Washington State law recognizes that a parental bond with a child may be formed in many ways. In re Parentage of L.B., 155 Wn.2d 679, 122 P.3d 161 (2005). In L.B., we adopted the common law test established by the Wisconsin courts to determine whether a person was the de facto parent of a child. A de facto parent "stands in legal parity with an otherwise legal...

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