In Re Guardianship of Nicholas P.
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Respondent "Rebecca P." appealed an order of the family court that awarded guardianship of her son "Nicholas P." to her son's half-brother "Jonathan P." Nicholas' parents, Rebecca and "Martin P." had marital difficulties, and in May 2007, Rebecca left for South Carolina, taking her teenaged daughter with her. Rebecca left a note to Martin promising to return to New Hampshire within a month, but she never did. Martin initiated divorce proceedings in 2009, but he died suddenly before the divorce was final. Rebecca unsuccessfully sought ex parte approval in divorce court to take Nicholas with her to South Carolina. On appeal to the Supreme Court, Rebecca argued that the trial court abused its discretion by awarding eighteen-year-old Jonathan custody of his younger half-brother. The Supreme Court noted that Rebecca did not provide a record in support of her appeal. Absent a transcript of the family court's hearing, the Supreme Court assumed that the evidence was sufficient to support its decision. With no errors of law otherwise, the court affirmed the lower court's decision to award custody to the half-brother.
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