In the Matter of Miller

James Miller (plaintiff) and Janet Todd (defendant) had two daughters but never married. After the relationship ended, Miller obtained sole custody in Michigan, but Todd and her parents repeatedly accused him of sexually abusing their daughter, and every investigation found the accusations unfounded. A New Hampshire court later awarded joint custody, and a psychologist concluded Todd had misread events and made unfounded claims. The children lived with Todd in New Hampshire for nearly five years largely because Todd obstructed Miller's visitation. The trial court found staying with Todd was in the children's best interests, and Miller appealed.

Whether, in a custody determination, evidence of continuous conduct by a custodial parent obstructing or alienating a child's affection for the noncustodial parent may constitute a material change in circumstances warranting a change of custody.