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.

Summary

SB262 shifts the exclusive right to sue for a minor child’s injury or wrongful death to the court-ordered custodian with actual physical custody and adds rules tying damages to parental conduct and unpaid child support.

What This Bill Does

It says that the person who has actual physical custody of a minor child under a court order will have the exclusive right to start a personal injury or wrongful death case for the child. If the parents are living together as husband and wife, they share equal right to sue; if not, or if custody is vested in someone else, the custodian has exclusive right. It also allows a parent to be deemed to have waived their share of damages if they withhold from the child essential care or duties, or fail to claim parental rights. Finally, it requires that any damages awarded in a wrongful death action be reduced by the amount of past-due child support owed by the parent, with distributions following intestate succession rules except for these waivers and reductions.

Who It Affects

• The parent or guardian who has actual physical custody of a minor child under a court order would gain the exclusive right to sue for the child’s injuries or wrongful death (unless the parents are living together, in which case both have equal rights).
• Parents who withhold presence, care, or other parental duties, or who owe past-due child support, may have their share of damages waived or reduced in a wrongful death action.

Key Provisions

• Exclusive right to sue for a minor child’s injury or wrongful death rests with the custodian who has actual physical custody under a court order; if the parents live together, they have equal rights to sue.
• A parent may be deemed to have waived their share of damages if they withhold presence, care, love, protection, maintenance, or fail to claim rights or perform duties toward the child.
• The parent’s share of damages from a wrongful death action shall be reduced by the amount of past due child support owed by the parent.
• Damages recovered in wrongful death actions are distributed according to intestate succession laws, with the waivers and child-support reductions carved out.
• The act becomes effective on the first day of the third month after passage and the Governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Wrongful Deaths