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.