
    Ex parte M. Greg McCABE. (In re M. Greg McCabe v. Deanna McCabe).
    1071681.
    Supreme Court of Alabama.
    Feb. 4, 2009.
    Randall W. Nichols of Massey, Stotser & Nichols, P.C., Birmingham, for petitioner.
    John Olszewski and Floyd Minor of Minor & Olszewski, L.L.C., Montgomery, for respondent.
   PER CURIAM.

WRIT GRANTED IN PART (AS TO THIRD GROUND ONLY); DENIED IN PART.

LYONS, WOODALL, STUART, SMITH, and BOLIN, JJ., concur.

PARKER and MURDOCK, JJ., concur in part and dissent in part.

PARKER, Justice

(concurring in part and dissenting in part).

I concur in granting the petition on the ground that the Court of Civil Appeals’ decision conflicts with Parker v. Parker, 946 So.2d 480 (Ala.Civ.App.2006), on the issue whether gifts are included in gross income for the purpose of determining child support. I dissent from the denial of certiorari review of the alleged conflict of that decision with Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), and McQuinn v. McQuinn, 866 So.2d 570 (Ala.Civ.App.2003), on whether the court order unduly interfered with or limited a father’s fundamental right of visitation with his children.

MURDOCK, Justice

(concurring in part and dissenting in part).

I concur in granting certiorari review as to the issue whether the decision of the Court of Civil Appeals is in conflict with the decision in Parker v. Parker, 946 So.2d 480 (Ala.Civ.App.2006). In addition, however, I would grant certiorari review because I believe this Court should consider the allegations of conflict between the substantive due-process principles recognized in Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), and McQuinn v. McQuinn, 866 So.2d 570 (Ala.Civ.App.2003), on the one hand, and the trial court’s involvement in certain details of the father’s parenting of his children during periods of visitation, on the other hand. See Part I.A. of my special writing in McQuinn, 866 So.2d at 578-80 (Murdock, J., concurring in part; concurring in the result in part; and dissenting in part).  