L.B.S. v. L.M.S.

I concur in the reversal of the trial court’s judgment holding Ala.Code 1975, § 30-3-4.1, unconstitutional per se. In *188other words, I agree that there is a class of cases to which the statute constitutionally may be applied. In my opinion, however, the class of cases to which the statute may be applied without violating the constitution is more limited than, and falls within, the class of cases as to which Judge Thompson would apply the statute. That is, given my view of applicable constitutional restrictions, I would uphold the constitutionality of the statute only with respect to a “subset”…