Temporary Child Custody and Wrongful Death Action

I temporarily lost custody of my child to my ex-husband/ex-wife and our child was killed in a car accident, who has the right to file a wrongful death action?

The individual who has physical custody of the minor child will have the exclusive right to bring the action if they file within six months of the minor’s date of death. After the six months has expired the non-custodial parent and/or a 3rd party representative may bring the action.

The case that covers this is Gladhill v. Lamar County Commission, which states that a temporary award of custody is a pendente lite order (meaning pending the outcome of litigation) and does not divest the individual who was awarded physical custody of the minor from bringing an action for wrongful death.  JDF (205)912-8247