Quimbee logo
DMCA.com Protection Status

In re Guardianship of Madelyn B.

166 N.H. 453, 98 A.3d 494 (2014)

Case BriefQ&ARelatedOptions
From our private database of 22,600+ case briefs...

In re Guardianship of Madelyn B.

New Hampshire Supreme Court

166 N.H. 453, 98 A.3d 494 (2014)

Facts

Susan B. (plaintiff) and Melissa D. (defendant) were in a same-sex relationship before same-sex marriage was legal in New Hampshire. Susan and Melissa lived together as if they were a married couple. Melissa became pregnant by assisted reproduction and had a daughter, Madelyn, whom they gave Susan’s middle and last names. Both Susan and Melissa held themselves out as Madelyn’s parents and jointly made all major decisions concerning Madelyn’s life and care. The couple was advised by an attorney that Susan could not legally adopt Madelyn. To protect her parental rights, Susan became appointed Madelyn’s guardian. Six years after Madelyn was born, Susan and Melissa separated. Melissa took Madelyn to live with Eugene D. and subsequently married him. Susan had visitation, paid child support, and provided other necessaries and gifts for Madelyn. Melissa then cut off all ties between Madelyn and Susan and petitioned to terminate Susan’s guardianship. The trial court granted Melissa’s petition without a hearing. The court reasoned that Susan’s guardianship was no longer needed because of Melissa’s marriage to Eugene, who intended to legally adopt Madelyn. The court denied Susan’s motion to intervene in the adoption proceedings and dismissed her parenting petition for failure to state a claim, holding that Susan was not Madelyn’s parent. Susan appealed.

Rule of Law

Issue

Holding and Reasoning (Hicks, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 519,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 519,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 519,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership