de facto parent doctrine in Washington

2016Mr. Shmilenko himself characterizes his relationship with M.W. as one that is "'grandparent-like,"' Br. ofResp't at 9, so it cannot be said that he has assumed the obligations of parenthood or established a bonded, dependent relationship that is parental in nature. 19 In re Custody of M W., No. 90072-8 Moreover, the fact that de facto parents stand "in parity with biological and adoptive parents in our state," L.B., 155 Wn.2d at 710 , illustrates the unsuitability of the de facto parent doctrine in this case.

2016Recognizing that "inevitably, in the field of familial relations, factual scenarios arise, which even after a strict statutory analysis remain unresolved, leaving deserving parties without any appropriate remedy," id. at 687 , we adopted the de facto parent doctrine "to fill the interstices that our current legislative enactment fails to cover," id. at 707 .

2013Madsen, C.J. ¶19 (concurring in dissent) — I agree completely with the dissent that the majority’s new rule is much too broad and expands the de facto parent doctrine far beyond its foundation in In re Parentage of L.B., 155 Wn.2d 679 , 122 P.3d 161 (2005). ¶20 I write separately to emphasize that the majority’s too-expansive approach comes with its concomitant failure to preserve a parent’s constitutional rights to the care, custody, and control of her child.

2013No. 86188-9 MADSEN, C.J. (concurring in dissent)-! agree completely with the dissent that the majority's new rule is much too broad and expands the de facto parent doctrine far beyond its foundation inln re Parentage ofL.B., 155 Wn.2d 679 , 122 P.3d 161 (2005).

2011M.F., 168 Wash.2d at 534 , 228 P.3d 1270 . ¶ 23 Turning to the issues presented herein, the correct starting point is not whether the de facto parent test has been met but, rather, whether that test is applicable here; the de facto parentage test is relevant only if we first decide that the de facto parentage doctrine applies to the circumstances presented in this case.

2011M.F., 168 Wash.2d at 534 , 228 P.3d 1270 . ¶ 23 Turning to the issues presented herein, the correct starting point is not whether the de facto parent test has been met but, rather, whether that test is applicable here; the de facto parentage test is relevant only if we first decide that the de facto parentage doctrine applies to the circumstances presented in this case.

2016To establish standing as a de facto parent, the following criteria must be satisfied: “(1) the natural or legal parent consented to and fostered the parent-like relationship, (2) the petitioner and the child lived together in the same household, (3) the petitioner assumed obligations of parenthood without expectation of financial compensation, and (4) the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship, parental in nature.” Id. at 708 (quoting In re Parentage of L.B., 121 Wn.

2007Additionally, recognition of a de facto parent is “ ‘limited to those adults who have fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life.’ ” L.B., 155 Wn.2d at 708 (quoting C.E.W. v. D.E.W., 2004 ME 43 , 845 A.2d 1146, 1152 ).

2007Additionally, recognition of a de facto parent is “ ‘limited to those adults who have fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life.’ ” L.B., 155 Wn.2d at 708 (quoting C.E.W. v. D.E.W., 2004 ME 43 , 845 A.2d 1146, 1152 ).