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IN RE CAROL B.

No. 28888.

550 S.E.2d 636 (2001)

209 W.Va. 658

In re Shanee CAROL B.

Supreme Court of Appeals of West Virginia.

Decided June 29, 2001.

Attorney(s) appearing for the Case

Harley E. Stollings, Esq., Summersville, West Virginia, Guardian ad Litem.

Gregory W. Sproles, Esq., Breckinridge, Davis & Sproles, Summersville, West Virginia, for Ralph & Patricia B.

Margaret L. Workman, Esq., Margaret Workman Law, Charleston, West Virginia, Attorney for Richard & Valerie A.

Darrell V. McGraw, Jr., Esq., Attorney General, Tanya Godfrey, Esq., Assistant Attorney General, Charleston, Keith W. McMillion, Esq., Prosecuting Attorney of Nicholas County, Kelly Hamon, Esq., Assistant Prosecuting Attorney of Nicholas County, Summersville, West Virginia, Attorneys for West Virginia Dept. of H&HR.

MAYNARD, Justice:

This is a disputed adoption case. The Circuit Court of Nicholas County awarded the infant, Shanee Carol B.,1 to her paternal aunt and uncle, Ralph and Patricia B., the appellees. The infant's maternal aunt and uncle, Richard and Valerie A., now appeal this ruling. For the reasons stated below, we reverse.

I.

FACTS

In September, 2000, Eric and Krissa...

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