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IN THE MATTER OF R.A. & J.M.

No. 2004-721.

153 N.H. 82 (2005)

IN THE MATTER OF R.A. AND J.M.

Supreme Court of New Hampshire.

Opinion Issued: December 30, 2005.

Attorney(s) appearing for the Case

Upton & Hatfield, LLP, of Concord (Lauren S. Irwin and Matthew R. Serge on the joint brief, and Kenneth J. Barnes orally), for the petitioner.

Law Office of J. Brandon Giuda, PLLC, of Epsom (J. Brandon Giuda on the brief and orally), for the respondent.

Stephen A. Cherry & Associates, PLLC, of Henniker (Sunny Mulligan on the joint brief), for the intervenor.

Mary Pilkington-Casey, of Concord, by brief, for the Franklin Pierce Administrative Law and Advocacy Clinic, as amicus curiae.

BRODERICK, C.J.

R.A. (Mother), the petitioner and mother, and R.R. (Grandmother), the intervenor and maternal grandmother, appeal the award of custody of a minor child (Daughter) by the Superior Court (Brennan, J.) to J.M. (Father), the respondent and father. At issue is the applicability of RSA 458:17 (2004) (repealed Oct. 1, 2005) in custody disputes between unwed parents, and its constitutionality generally. We affirm...

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