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PETITION OF KERRY D.

No. 97-838.

144 N.H. 146 (1999)

PETITION OF KERRY D. (New Hampshire Division for Children, Youth and Families)

Supreme Court of New Hampshire.

August 30, 1999.

Attorney(s) appearing for the Case

New Hampshire Legal Assistance, of Manchester (Elliott Berry on the brief and orally), and Larsen & McNamara, of Lebanon (Marilyn Billings McNamara on the brief), for the petitioner.

Philip T. McLaughlin, attorney general (Ann F. Larney, assistant attorney general, on the brief and orally), for the State.

Wayne T. Moynihan, of Berlin, guardian ad litem, joined in the State's brief.

BRODERICK, J.

In this petition for a writ of habeas corpus, the petitioner, Kerry D. (mother), challenges the loss of legal and physical custody of her son as a result of allegations of abuse against the child's father with whom she was not residing. She argues that the Lancaster District Court (Donovan, J.) denied her due process by depriving her of legal and physical custody of her child (1) without an allegation or finding that she abused, neglected, or...

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