Franklin v. Johnston

¶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. The majority concludes that conferring de facto parent status on Mary Franklin does not unconstitutionally infringe on Jackie Johnston’s…