In the Matter of St. Pierre & Thatcher

Respondent Adam Thatcher and petitioner Haley St. Pierre met in August 2012. Later that year, they moved in together, having developed a romantic relationship. In February 2013, petitioner traveled to New York for a weekend, where she had sexual relations with Colby Santaw, a former boyfriend. Shortly thereafter, she discovered that she was pregnant. Upon learning of the pregnancy, she informed respondent that he was the father, and notified Santaw that he was not. Respondent, having been made aware of petitioner’s intimate relations with Santaw, asked if Santaw could be the father. Petitioner assured respondent the child was his. The child was born on October 31, 2013. An affidavit of paternity was completed by the parties at the hospital following the child’s birth. Prior to signing the affidavit, the parties were informed by hospital staff that if they thought there was a chance that the respondent was not the father, they should not sign the affidavit. Respondent was ultimately listed as the child’s father on the birth certificate. The parties married in January 2014, and, citing irreconcilable differences, divorced in July 2015. Following the divorce, petitioner rekindled her relationship with Santaw. On a trip together in October 2015, petitioner and Santaw began discussing the birthdate of the child. After considering the timing of his intimate relationship with petitioner and the child’s date of birth, Santaw believed that he might be the child’s father. This belief was strengthened when he compared baby pictures of the child to his own baby pictures, and noticed a resemblance. Shortly thereafter, petitioner and Santaw agreed to conduct genetic testing. In October 2015, these test results confirmed that Santaw was the child’s biological father. Petitioner filed a petition pro se, seeking to amend hers and respondent’s parenting plan regarding the child. She wanted to change the child’s name and remove respondent from the birth certificate. Respondent resisted the change, and resisted petitioner’s request to move with the child from New Hampshire to Florida. The New Hampshire Supreme Court believed the trial court record supported the trial court’s rescission of the paternity affidavit based on material mistake of fact made by the parties. Furthermore, the Court believed there was sufficient evidence to support the grant of primary custodial responsibilities to petitioner and allowing the child to relocate. Accordingly, the Supreme Court affirmed the trial court’s order. View "In the Matter of St. Pierre & Thatcher" on Justia Law