A father or a mother, provided they are lawfully living together as husband and wife, shall have an equal right to commence an action for an injury to their minor child, a member of the family; provided, however, that in the event such mother and father are not lawfully living together as husband and wife, or in the event legal custody of such minor child has been lawfully vested in either of the parties or some third party, then and in either event the party having legal custody of such minor child shall have the exclusive right to commence such action.
Ala. Code § 6-5-390
Injury to Minor Child.
Applied in 1 court decision — leading case Siciliano v. Capitol City Shows, Inc. (1984)
Most recently applied in Siciliano v. Capitol City Shows, Inc. (April 1984)
(Code 1852, §2135; Code 1867, §2531; Code 1876, §2898; Code 1886, §2587; Code 1896, §25; Code 1907, §2484; Code 1923, §5694; Code 1940, T. 7, §118; Acts 1979, No. 79-443, p. 725.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.