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Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair

Washington Law Review

This Note contends that, based on the custody statute and relevant case law, the court of appeals should have answered these questions differently. The Note first proposes that, in a dissolution action, the trial court should have automatic jurisdiction only over the children born of that marriage. The court should have jurisdiction over other children only if they are not in the custody of either of their parents or if neither parent is a suitable custodian. Second, it proposes that a stepparent should not automatically have standing to seek custody of a child based on an in loco parentis relationship. …