E.C.B. v. J.S. , 612 So. 2d 1243 ( 1992 )

THIGPEN, Judge,

concurring specially.

I concur in the result reached by the majority; however, I am compelled to note that the cases the mother cites supporting her position involve the termination of parental rights and that is not the case here. The mother’s parental rights were not terminated and the issue of custody is not res judicata. See Sanders v. Guthrie, 437 So.2d 1313 (Ala.Civ.App.1983).