Charleston, W.Va. (AP) -- The West Virginia Supreme Court has ruled in favor of a same-sex couple fighting to retain custody of an 18-month-old foster child.

In an unsigned opinion issued Friday, the court barred enforcement of a Fayette County Circuit Court order that the girl should be taken away from Kathryn Kutil and Cheryl Hess.

Judge Paul Blake Junior had ruled the child should be placed with a heterosexual couple who might adopt her.

The court says that was an error. The justices say Blake blurred legal principles applicable to abuse, neglect and adoption. Current law, the court says, encourages adoption by qualified foster parents and either Kutil or Hess should be considered and perhaps favored as a prospective parent.

The women's attorney, Anthony Ciliberti Junior, says he and his clients are pleased and hope to move forward with adoption proceedings.

(Copyright 2009 By The Associated Press. All Rights Reserved.)