The provisions of §§ 25-5-7.3 and 25-5-7.4 do not apply in any case in which a court has: (1) Terminated the rights of either parent; or (2) Restrained either parent, by court order, from contact with the child. Moreover, a court of competent jurisdiction may determine that the application of § 25-5-7.3 or 25-5-7.4 , or both, is inappropriate under the facts and circumstances of any particular case.
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