W.B.Z. v. D.J.

Although I concur with the majority that the cause must be reversed, it appears that the present case exposes an inconsistency in the application of Ex parte Terry, 494 So.2d 628 (Ala.1986). In Terry, our Supreme Court established the rule that a natural parent has a prima facie right to custody of his/her child as against a non-parent. This presumption in favor of the natural parent can be overcome by clear and convincing evidence that the natural parent is unfit or unsuited for custody and that the best interests of the child will be served by granting custody to the non-parent, or by…