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IN RE ADOPTION NO. 12612

No. 83, Sept. Term, 1998.

725 A.2d 1037 (1999)

353 Md. 209

In re ADOPTION NO. 12612 IN the CIRCUIT COURT FOR MONTGOMERY COUNTY, Maryland.

Court of Appeals of Maryland.

Reconsideration Denied April 9, 1999.

Attorney(s) appearing for the Case

Jeffrey F. Liss (Shale D. Stiller, Donna Lee Yesner, Piper & Marbury, L.L.P), Julie S. Dietrich (O'Toole, Rothwell, Nassau & Steinbach; Evan S. Stolove, D. Jacques Smith, Arent, Fox, Kintner, Plotkin & Kahn, P.L.L.C., all on brief), Washington, DC, for Petitioner.

Jennifer Evans (Ralph E. Hall, Jr., on brief), Rockville, for Respondent.

Roger L. Conner, Washington, DC, for Amicus Curiae Center for the Community Interest.

Michael P. Bentzen, Davis & Bentzen, P.L.L.C., Washington, DC, for Amicus Curiae National Council on Adoption.

Andrew N. Vollmer, Reginald J. Brown, Christine Sarudy Roberts, Lyle Roberts, Wilner, Cutler & Pickering, Washington, DC, for Amici Curiae Supporting Petitioners.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.

WILNER, Judge.

This contested custody dispute, between the birth mother of a young child and the woman who has been the child's principal caregiver for most of his life, involves the construction of Maryland Code, § 9-101 of the Family Law Article. Ultimately at issue is whether the Circuit Court for Montgomery County erred in awarding custody of the child to his birth mother, notwithstanding (1) that she had murdered another of her children six years earlier...

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