Thompson said the familyy will evaluate evidence before deciding whether to sue anyone, including Hundley or Delta.

Thompson said Bennett saw Hundley order two drinks while she was seated and saw him being served another one while she stood at the rear of the plane. Thompson said he wasn't sure if Bennett complained to flight attendants about Hundley's behavior.

The family might have a case against Delta for serving Hundley alcohol if he was already intoxicated, CNN legal contributor Paul Callan said.

InSession legal analyst Joey Jackson said he doesn't think there's a significant case because the child was not seriously harmed.

"While this conduct was offensive, it's abhorrent, it should never happen under any circumstance, the issue of a civil case regarding money will be how are you affected," he said.