SB262 Alabama 2010 Session

Summary

Primary Sponsor

Harri Anne Smith

Republican

Session

Regular Session 2010

Title

Civil procedure, wrongful death action for a child, divorced or separated parents, person having actual physical custody of a minor child has exclusive right to commence wrongful death action, certain parents waive awards or have award reduced for delinquent child support payments, Secs. 6-5-390, 6-5-391, 43-8-42 am'd.

Description

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.

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Subjects

Wrongful Deaths