In re Deven O., 82 A.3d 229

Deven, born 2006, lived with his parents until their separation in Dec 2006; father incarcerated for armed robbery from Dec 2007 to Jun 2010; mother visited during incarceration, Deven visited infrequently with father after release; Sept 2010 mother told father not to visit until he improved; contact diminished as mother allegedly impeded communication; Oct 2010 mother filed a surname-change petition listing father's last known address as a prison; father did not receive notice; Dec 2011 father filed a parenting petition with plan and visitation schedule; Jan 2012 mother filed a petition to terminate parental rights on abandonment and failure to support; two-day hearing held; guardian ad litem recommended against termination; trial court terminated rights for abandonment and failure to support and found termination in Deven’s best interests; reconsideration motion argued lack of legal obligation to support was not addressed; on appeal, father challenges the grounds for termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence supports abandonment	Mother argues abandonment proven	Father argues no abandonment given pre- and post-trigger efforts	Abandonment not sustained; presumption rebutted by father’s pre- and post-trigger efforts.
Whether the evidence proves non-support beyond a reasonable doubt	Mother argues father financially able and neglectful	Father contends no proof he was financially able or that he neglected to support	Insufficient evidence that father was financially able and that he willfully neglected support.
Whether the trial court correctly concluded termination was in Deven’s best interests given lack of proven grounds	Mother relies on termination due to abandonment/failure to support	Father argues grounds were not proven, so best interests analysis unused	Because grounds were not proven, standard for best interests need not be resolved.

In re Shannon M., 146 N.H. 22 (N.H. 2001) (abandonment requires totality of evidence; presumption rebuttable within six months of no contact)
In re Jack L., 161 N.H. 611 (N.H. 2011) (abandonment and standard of review for trial court credibility)
In re Sheena B., 139 N.H. 179 (N.H. 1994) (absence of contact during prolonged period not abandonment if no fault by other parent; restraining orders not dispositive)
In re Sabrina C., 137 N.H. 445 (N.H. 1993) (factors for assessing willingness to take responsibility and care for child)
In re Sophia-Marie H., 165 N.H. 332 (N.H. 2013) (financial ability and ongoing neglect to provide subsistence; substantial evidence required)