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In the Circu it Court for C aroline Co unty Case No. 7764 IN THE COURT OF APPEALS OF MARYLAND No. 6 September Term, 2003 ______________________________________

DEBORAH FRA SE

v.

CYNTHIA BARNHART, ET AL.

______________________________________ Bell, C.J. *Eldridge Raker Wilner Cathell Harrell Battaglia, JJ. _______________________________________ Opinion by Wilner, J. Bell, C.J.; Eldridge and Cathell, JJ., Concur _______________________________________ Filed: December 11, 2003 *Eldridge, J., now retired, participated in the hearing and conf erence of this case wh ile an active member of this Court; after being recalled pursuant to the Cons titution, Article IV, Section 3A, he also participated in the decisio n and ado ption of this opinion.

We have before us what began as a custody dispute between Deborah Frase, the mother of three-year-o ld Brett, and Curtis and Cynthia Barnhart, a couple who, during part of an eight-week period of the mother's incarceration, volunteered to care for Brett and then decided that they wanted custody of the child. The issue at this point is not who should have custody of Brett. The Circuit C ourt for Caroline County seems to have resolved that in the mother's favor. It is Ms. Frase who complains

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Maryland Law