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In re J.M.
Date: 12-29-2024
Case Number:
Judge: Sandra L. Cabrera
Court: Circuit Court, Carrol County, New Hampshire
Plaintiff's Attorney: New Hampshire Attorney General's Office
Defendant's Attorney:
Click Here For The Best Ossipee Family Law Lawyer Directory
Description:
Ossipee, New Hampshire family law lawyer represented the Defendant accused of child neglect.
The following facts are supported by the record or are undisputed. In January 2024, the New Hampshire Division for Children, Youth and Families (DCYF) received a referral regarding J.M. because J.M.'s mother (Mother) had passed away, leaving J.M. without a caretaker. DCYF contacted Father, who was living in Florida at the time and who had not seen J.M. for over a year. Shortly thereafter, DCYF filed a petition pursuant to RSA chapter 169-C regarding J.M., alleging neglect by Father. See RSA 169-C:3, XIX (2022).
In February 2024, Father was served with the neglect petition in Florida by a process server. He then moved to dismiss the neglect petition for lack of personal jurisdiction, arguing that service upon him was defective because he was not served with the petition by a law enforcement officer as required by RSA 169-C:8, I (2022). See Estate of Lunt v. Gaylor, 150 N.H. 96, 97 (2003) ("Proper service of process is a necessary prerequisite to obtaining jurisdiction over an out-of-state defendant." (quotation omitted)). The court denied Father's motion, and the parties proceeded with the adjudicatory hearing in March. The trial court found Father had neglected J.M. Following the dispositional hearing, the trial court continued J.M.'s out-of-home placement.
* * *
CIVIL PROCEDURE. PERSONAL JURISDICTION. The court addressed whether a father waived his right to challenge the lack of personal jurisdiction due to defective service of process because he did not immediately appeal the denial of his motion to dismiss before participating in the adjudicatory hearing.
FAMILY LAW. CHILD NEGLECT. The case involved an appeal regarding the sufficiency of evidence supporting a trial court's finding that a father neglected his child, which included the issue of abandonment under statutory definitions.
FAMILY LAW. CHILD CUSTODY AND PLACEMENT. The court examined whether the trial court erred in deciding to continue the out-of-home placement of a child instead of placing the child in the father's custody under the supervision of the New Hampshire Division for Children, Youth and Families.
Key Phrases Defective service of process. Personal jurisdiction. Neglect petition. Out-of-home placement. Immediate appeal.
The following facts are supported by the record or are undisputed. In January 2024, the New Hampshire Division for Children, Youth and Families (DCYF) received a referral regarding J.M. because J.M.'s mother (Mother) had passed away, leaving J.M. without a caretaker. DCYF contacted Father, who was living in Florida at the time and who had not seen J.M. for over a year. Shortly thereafter, DCYF filed a petition pursuant to RSA chapter 169-C regarding J.M., alleging neglect by Father. See RSA 169-C:3, XIX (2022).
In February 2024, Father was served with the neglect petition in Florida by a process server. He then moved to dismiss the neglect petition for lack of personal jurisdiction, arguing that service upon him was defective because he was not served with the petition by a law enforcement officer as required by RSA 169-C:8, I (2022). See Estate of Lunt v. Gaylor, 150 N.H. 96, 97 (2003) ("Proper service of process is a necessary prerequisite to obtaining jurisdiction over an out-of-state defendant." (quotation omitted)). The court denied Father's motion, and the parties proceeded with the adjudicatory hearing in March. The trial court found Father had neglected J.M. Following the dispositional hearing, the trial court continued J.M.'s out-of-home placement.
* * *
CIVIL PROCEDURE. PERSONAL JURISDICTION. The court addressed whether a father waived his right to challenge the lack of personal jurisdiction due to defective service of process because he did not immediately appeal the denial of his motion to dismiss before participating in the adjudicatory hearing.
FAMILY LAW. CHILD NEGLECT. The case involved an appeal regarding the sufficiency of evidence supporting a trial court's finding that a father neglected his child, which included the issue of abandonment under statutory definitions.
FAMILY LAW. CHILD CUSTODY AND PLACEMENT. The court examined whether the trial court erred in deciding to continue the out-of-home placement of a child instead of placing the child in the father's custody under the supervision of the New Hampshire Division for Children, Youth and Families.
Key Phrases Defective service of process. Personal jurisdiction. Neglect petition. Out-of-home placement. Immediate appeal.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of In re J.M.?
The outcome was: Affirmed
Which court heard In re J.M.?
This case was heard in Circuit Court, Carrol County, New Hampshire, NH. The presiding judge was Sandra L. Cabrera.
Who were the attorneys in In re J.M.?
Plaintiff's attorney: New Hampshire Attorney General's Office. Defendant's attorney: Click Here For The Best Ossipee Family Law Lawyer Directory.
When was In re J.M. decided?
This case was decided on December 29, 2024.