Kurt A. Muller Child Custody Law Blog on Lawyers.com

About Smoking and Child Custody - It Does Matter

Monday, June 1, 2009 by Kurt A. Muller

In a rush to prevent what one pundit called ‘the most prevalent form of child abuse’, at least fifteen state courts, including California, Florida, Illinois, Louisiana, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, Oregon, Pennsylvania, South Carolina, Tennessee and Texas, have held that it is appropriate to consider whether a parent smokes around a child in determining whether or not they should be awarded custody.

Most cases have been resolved with the court entering an order restricting the areas where a parent may smoke when a child is present, the use of air filters or aerosol fresheners when necessary, a prohibition against smoking in their automobile when the child is present, the request of seating in the non-smoking sections of public places, or a ban on smoking in the home or car for as long as two days prior to the child’s arrival.

In cases where parents refuse to agree, or violate a court’s no-smoking order, parents can and have had their visitation rights suspended or lost custody.

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Posted at 13:56 PM

Topic: Child Custody