Court: Court of Appeals of Washington; August 26, 1985; Washington; State Appellate Court
John E. Dombrowski and Chee Goodright cohabited before and after the birth of their child, Andrey Ziv Dombrowski, on February 19, 1980. Following their separation, Dombrowski sought custody under RCW 26.09.180. However, blood tests revealed he was not Andrey's biological father, leading the court to dismiss his petition and deny his request to amend it to seek custody as a nonparent. Custody was awarded to Goodright. The appeal raised two issues: Dombrowski's standing to seek custody and the court's order for him to pay the guardian ad litem's fees.
Dombrowski was present at Andrey's birth and was listed as the father on the birth certificate, with both parents having signed an affidavit of paternity. During their relationship, Dombrowski acted as a primary caregiver. After separating, Goodright temporarily placed Andrey with Dombrowski's mother. Dombrowski's custody petition was contested by Goodright, who requested paternity testing. Despite a guardian ad litem's report stating Dombrowski had acted as a responsible father, the court ordered the blood tests, which confirmed he was not the biological parent.
The court ruled Dombrowski lacked standing under RCW 26.09.180(1)(a) since he was not the biological parent and dismissed his petition. It also denied his motion to reconsider, affirming that he had no legal rights regarding Andrey, but granted reasonable visitation due to their established affectionate relationship. The ruling emphasized that Dombrowski's presumption of paternity was effectively rebutted by the blood test results.
In In re Marriage of Allen, the court established that a stepparent in loco parentis can file for child custody as a parent under RCW 26.09.180(1)(a). However, this principle does not extend to live-in companions due to the distinct statutory definitions of parent and nonparent. The Allen decision was based on a stepparent's petition as a nonparent, with the court inferring an amendment of pleadings due to a finding of parental unsuitability. Dombrowski, lacking standing as a parent, sought to establish standing as a nonparent under subsection (1)(b), but his request to amend pleadings was denied. The trial judge interpreted "person other than a parent" to exclude anyone but stepparents and blood relatives, a limitation not present in Washington law. The courts emphasize stability and care over kinship, allowing nonparents to petition for custody while also protecting parental rights through specified statutory requirements. The Allen case requires nonparents to demonstrate "actual detriment to the child" when contesting custody against a parent. The trial court's ruling that Dombrowski lacked standing under subsection (1)(b) and its refusal to allow amendments were erroneous. Dombrowski's relationship with the child, Andrey, was acknowledged as beneficial, and he claimed ignorance of his non-paternity until recently. Therefore, justice necessitates that he be permitted to amend his pleadings, as evidence suggests he may substantiate the necessary claims. Additionally, regarding guardian ad litem fees, RCW 26.09.140 mandates that the court must assess both parties' financial resources before ordering payment, which the trial court failed to do, resulting in an improper order for Dombrowski to cover these costs. The decision is reversed and remanded for further proceedings.
