M.M.H. v. T.L.L.

I concur that this case must be returned to the trial court; however, I do so for reasons differing from that stated in the majority opinion. The law is clear that “absent an appropriate termination of parental rights pursuant to § 26-18-7, Code 1975, the trial court was without authority to grant the permanent custody of the [child] to the [grandparents].” P.L.H. v. E.C., 579 So.2d 656, 657 (Ala.Civ.App.1991). (Emphasis added.) See also P.L.H. v. E.C., 601 So.2d 1018 (Ala.Civ.App.1992).

Additionally, I note that the record contains an informal agreement in which the mother purportedly gave…