In Re Nelson

825 A.2d 501 (N.H. 2003)

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Nature of the Case

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Facts

F and M began dating in 1992. They have one biological child, Nelson James Robert Horsley, born on June 29, 1993. The parties never married each other. They ended their romantic relationship in November 1994. In December 1994, M adopted a son, Kent Horsley. In December 1995, the parties' romantic relationship resumed, and F moved in with M. On September 30, 2000, M adopted two children from Ukraine, Emma Horsley, and Molly Horsley. M contends that she assumed all childcare duties and was the sole financial support for the children until 1998, at which time F shared some of the childcare responsibilities and allegedly provided minimal financial support for the children. M refused F's repeated requests that he adopt Kent. M asserts that although F traveled to Ukraine to meet Emma and Molly, he stated unequivocally that he would not adopt them. In July 2001, M asked F to move out of her residence. F was allowed to visit with Kent, but M soon terminated the visitation after Kent began to exhibit what the respondent describes as increasing fear and anxiety over the visits. F filed a petition for custody and support of the parties' biological child, which he later amended to seek custody and support orders with respect to M's adopted children.