Luby v. Da Silva

¶ 1 This case involves a dispute between two nonparents over custody of a child. Both nonparents filed petitions for custody under chapter 26.10 RCW. Petitioner, Gail Luby (Luby), seeks reversal of the Court of Appeals decision affirming the judgment of the trial court. Luby claims she should be afforded a presumption of fitness and that the trial court erred in applying the statutory standard of best interests of the child under the facts of this case. Luby also challenges the use of reports by parenting evaluators and guardians ad litem, claiming a denial of due process. We affirm the Court…