Legal Opinion · Dissent

In re Nelson

Supreme Court of New Hampshire

Decided June 6, 2003No. 2002-433Published

1DissentNadeau, J.

Because I believe that the superior court can, under certain circumstances, grant custodial rights to an unrelated third party over the minor children’s sole natural or adoptive parent’s objection, I respectfully dissent.

The majority contends that “[ojnly in the most unusual and- serious of cases may [the] fundamental rights [of natural or adoptive parents over. their children] be abrogated in favor of an unrelated third person.” I believe this is contrary to the tenor of our case law.

First, this case surely involves custody issues more like those in divorce proceedings than in the abuse and…

2Cases cited17 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. V.C. v. M.J.B.Supreme Court of New Jersey · 2000
  3. In Re Custody of HSHKWisconsin Supreme Court · 1995
  4. E.N.O. v. L.M.M.Massachusetts Supreme Judicial Court · 1999
  5. Preston v. MercieriSupreme Court of New Hampshire · 1990

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