Miller v. Dismukes

MADDOX, Justice.

This appeal presents two legal questions: (1) Does a noncustodial parent have standing to maintain an action for the alleged wrongful death of his minor child; and (2) If the noncustodial parent does have standing, and the death of the child is allegedly caused by the wanton conduct of the custodial parent, does the doctrine of parental immunity apply?

Based on our interpretation of the applicable statutes, we hold that a noncustodial parent does not have standing to sue for the wrongful death of his or her minor child; therefore, we affirm the summary judgment in favor of the…