December 22, 1977. Certiorari to the Court of Civil Appeals, 353 So.2d 519. BLOODWORTH, Justice.
One's refusal to testify may be brought to the attention of the trial court. Anonymous v. Anonymous, 353 So.2d 510 (Ala.Civ.App.), rev'd on other grounds, 353 So.2d 515 (Ala.), on remand, 353 So.2d 519 (Ala.Civ.App.), cert. denied, 353 So.2d 520 (Ala. 1977). The majority opinion notes that when one claims the privilege against self-incrimination, a presumption is created that operates against the party claiming the privilege.
The mother contends in brief that the award of custody of the minor child to the paternal grandparents, who were nonparties, is a denial of her right to due process of law because the mother had no notice or opportunity to be heard regarding this issue. She cites to this court Anonymous v. Anonymous, Ala.Civ.App., 353 So.2d 510, rev., Ala., 353 So.2d 515, on remand, Ala.Civ.App., 353 So.2d 519, cert. denied, Ala., 353 So.2d 520 (1977). The father and/or paternal grandparents have not favored this court with a brief.