New Hampshire Adoption Court Cases

New Hampshire Court Case: Estate of McQuesten
In 1971, Robert A. McQuesten died intestate and, in 1979, his mother, Ena M. McQuesten also died intestate. In December 1988, the petitioners filed notices of claim with the probate court, each seeking an amount equivalent to one-fourteenth (1/14) of the value of certain real estate owned by their natural paternal grandmother at the time of her...


New Hampshire Court Case: Lucius v. Wistner
The ruling by the Trial Court that the adoption was invalid is founded upon the statutes relating to adoption. By section 2 of chapter 345 of the Revised Laws, as amended by Laws 1943, c. 127, s. 3, it is provided that the parents of the child shall consent in writing to the adoption subject to certain exceptions which are not applicable to this case. No provision is made for dispensing with the consent of either parent where there has been a divorce. Section 3 of the same chapter, as amended, dispenses with...


New Hampshire Court Case: Durivage v. Vincent
Adoption was unknown at common law and is wholly statutory. RSA ch. 461; Morse v. Osborne, 75 N.H. 487, 77 A. 403. "As adoption is in derogation of the common law right of the parent, consent of the natural parents is generally required and is a most important item of adoption proceedings." Blue v. Boisvert, 143 Me. 173, 179, 57 A.2d 498. In its earlier form the statute of this jurisdiction providing for adoption required that the natural parents should consent thereto, or in the event...


New Hampshire Court Case: Wallace v. Lougee
The minor child is the only child of the marriage of the plaintiff Robert C. Wallace and his wife, Becky. He was born on July 31, 1958, and lived with both parents until April 1, 1961. His parents then separated, his mother returning with the child, to the home of her parents at Hampton, while the plaintiff continued to reside in Minnesota where he was then employed...


New Hampshire Court Case: Fortino v. Timko
This is an appeal from the decision of the Probate Court granting the petition of the defendant Robert G. Timko to which the defendant Joy B. Timko consented, for adoption of the two children, under the age of fourteen, of the plaintiff and his former wife, the defendant Joy. The plaintiff had not given his consent and the only question on appeal was whether he had abandoned the children. RSA 461:3. The Superior Court referred the matter to a Master (Leonard C. Hardwick) who, being unable to find that plaintiff had abandoned the children, recommended that the petition be dismissed for lack of jurisdiction...


New Hampshire Court Case: State v. Robert H.
The plan submitted by the division in February 1976 called for the parents to continue their employment, reimburse Merrimack County for support of the children, establish a permanent home, and seek and receive parenting counselling through a mental health clinic. Robert was told not to be involved in criminal activity. He subsequently changed employment, was divorced pursuant to a libel brought by Irene, lost his job, and was arrested for assault. In October 1976, the division filed new petitions...


New Hampshire Court Case: In re Jessica W.
This is an appeal from a decision by the Grafton County Probate Court (Jones, J.), dismissing a petition brought by Anne B., in which she asked the court to clarify her rights with respect to her child, Jessica W. The court ruled that RSA 170-B:10 and RSA 170-B:17 precluded any substantive consideration of Anne B.'s petition because it had been brought more than one year from the date of the child's adoption by its natural father, George W. We reverse the decision of the probate court and remand for reconsideration in light of this opinion...


New Hampshire Court Case: In re Doe
This appeal was brought seeking to reverse an order of the Strafford County Probate Court (Shea, J.) approving a master's report recommending that the parental rights of John and Jane Doe, with respect to their two minor children, Sally and Joe, be terminated, and that legal custody be vested in the New Hampshire Division of Welfare. For the reasons which follow, we vacate the court's ruling in part, and remand for findings in regard to Jane Doe which are in accordance with this opinion...


New Hampshire Court Case: Adoption of Baby C.
On March 2, 1983, the child was born, and the natural parents subsequently changed their minds and decided that they wished to keep the child. The natural parents brought the child home from the hospital and retained it for twenty days. During that time, the natural parents experienced doubts regarding their ability to care properly for the child. This precipitated arguments by the couple, and ultimately depression on the part of the natural mother...


New Hampshire Court Case: In re Jason C.
The following October, Mary Lou petitioned the probate court to adopt the child, see RSA 170-B:12, and soon thereafter Daniel requested the court to treat him as a co-petitioner. Although Mary Lou did not oppose the request, the investigatory report of the division for children and youth services, see RSA 170-B:14, indicates that Mary Lou would not agree to Daniel's joinder with her in adopting Jason if Daniel would thereby obtain standing to request physical custody of the child at some time in the future. The division opposed Daniel's request...


New Hampshire Court Case: Noah & Gabriel W.
There are, however, objections to this position, given the standard of statutory construction by reference to the plain meaning of the language employed, see DeCato Brothers, Inc. v. Westinghouse Credit Corp., 129 N.H. 504, 508, 529 A.2d 952, 954 (1987), considering the statute as a whole, see Theresa S. v. Sup't YDC, 126 N.H. 53, 55, 489 A.2d 592, 593 (1985). The words "pursuant to" are commonly used to describe some action that has been or may be taken, as exemplified...


New Hampshire Court Case: In re Lisa H.
Lisa H. was born to the respondent and Stephen H. on February 25, 1975, and is now sixteen years old. Lisa's parents were divorced in 1982, and Stephen H. subsequently died in 1984. That same year, the respondent was remarried to Francis G., and from 1984 to 1987 Lisa and her older sister, Tracy H., lived with the respondent and Francis G. in Meriden. In March, 1987, Lisa alleged that she had been sexually abused by her stepfather. On May 26, 1987, the Claremont District Court...

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