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This section contains the nature of the case and procedural background.

Petitioner M.L.B. (M) and respondent S.L.J. (F) are, respectively, the biological mother and father of two children. In June 1992, M and F were divorced. The children remained in F's custody, as agreed at the time of the divorce. F married respondent J.P.J. (SM) in September 1992. In November of the following year, F and SM. filed suit in Chancery Court in Mississippi, seeking to terminate the parental rights of M and to gain court approval for adoption of the children by SM. The complaint alleged that M had not maintained reasonable visitation, and was in arrears on child support payments. M counterclaimed, seeking primary custody of both children and contending that F had not permitted her reasonable visitation, despite a provision in the divorce decree that he do so. M’s parental rights were terminated by a Mississippi Chancery Court. M wanted to appeal that termination decree but was required to pay in advance record preparation fees of $2,352.36. M lacked the funds to pay those fees and as such her appeal was dismissed. M appealed based on Due Process and Equal Protection.

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