SB262 Alabama 2010 Session

Under existing law, the party having legal custody of a minor child shall have the exclusive right to commence a personal injury action for the minor child or an action involving the wrongful death of the minor child

This bill would provide that the party having actual physical custody of a child pursuant to an order of a court shall have the exclusive right to commence a personal injury action for the minor child or an action involving the wrongful death of the minor child

This bill would provide that a parent may be deemed to have waived his or her share of damages recovered in a wrongful death action of his or her child if it is shown that the parent has withheld from the child, without good cause or excuse, his or her presence, care, love, protection, maintenance, the opportunity for the display of filial affection, failed to claim the rights of a parent, or failed to perform the duties of a parent

This bill would provide that the same share of damages recovered in a wrongful death of his or her child due a parent shall be reduced by the amount of past due child support owed by the parent

To amend Sections 6-5-390, 6-5-391, and 43-8-42, Code of Alabama 1975, relating to inheritance from a child; to provide that the party having actual physical custody of a child pursuant to an order of a court shall have the exclusive right to commence a personal injury action for the minor child or an action involving the wrongful death of the minor child; to provide that a parent may be deemed to have waived his or her share of damages recovered in a wrongful death action of his or her child if it is shown that the parent has withheld from the child, without good cause or excuse, his or her presence, care, love, protection, maintenance, the opportunity for the display of filial affection, failed to claim the rights of a parent, or failed to perform the duties of a parent; and to provide that the share of damages recovered in a wrongful death of his or her child due a parent shall be reduced by the amount of past due child support owed by the parent.