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IN RE CUSTODY OF S.R.

No. 31373-5-III.

334 P.3d 1190 (2014)

In re the CUSTODY OF S.R. Kevin James, Catherine Lyle, Respondents, v. Alicia McDonald, Jack Rosman, James and Deena McDonald, Appellants.

Court of Appeals of Washington, Division 3.

September 30, 2014.

Attorney(s) appearing for the Case

Gary R. Stenzel , Gary R. Stenzel PS, Spokane, WA, for Appellant.

Herbert Joseph Landis , Attorney at Law, Spokane, WA, for Respondent.

Stanley Allan Kempner Jr. , Attorney at Law, Arthur K. Hayashi , Spokane County Prosecutors Office, Spokane, WA, for Other Parties.

KORSMO, J.

¶ 1 We conclude that when an outside party challenges a third party nonparental child custody order, the "fourth party" must seek to modify the existing custody ruling rather than file a new third party action. We reverse and remand this action for further proceedings.

FACTS

¶ 2 S.R. was born to Alicia Croston (Mother) and Jack Rosman (Father) on November 4, 2004. She resided initially with her mother for two years.

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