Ex Parte Mathews

Petition for writ of certiorari to the Court of Civil Appeals is denied. In denying Petitioner's request for review in this case, we are constrained to clarify certain statements of law set forth in the appellate court's opinion in support of its affirmance of the trial court's award of custody of a three-year-old child to a nonparent. The Court of Civil Appeals' opinion, quoting from Palmer v. Pierce, 387 So.2d 215 (Ala.Civ.App. 1980), states:

"While it is true that a natural parent has a prima facie right under the law to custody of his or her child, the primary consideration in a child…