In Re the Marriage of Timmons

(dissenting) — I agree with the majority that in a custody modification proceeding RCW 26.09.260(1) allows consideration of predecree facts which were unknown to the court at the time of the prior uncontested dissolution. I do not agree, however, with the conclusion of the majority that the predecree facts provide substantial evidence for a change of custody. Therefore, I dissent.

RCW 26.09.260 states the court shall not modify a prior custody decree unless "a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the bests…