If you are currently involved in a custody battle, or if you are in the foreseeable future, you may want to quit smoking. More and more states are taking that into consideration if one parent is a smoker and the other parent is not. At least 18 states have already ruled that smoking can be taken into consideration when determining child custody cases.
Several courts have also ruled that parents are prohibited from smoking in the presence of the children, particularly while driving in a car. Getting caught smoking in front of the children can cause a parent to lose custody if that was part of the court agreement. Likewise, visitation can be significantly reduced is the parent is found smoking around the child. In some situations, courts have even ruled the smoking parent was prohibited from smoking in the house for 24 to 48 hours prior to the child arriving. Finally, many courts will even take into account other smokers who may have regular contact with the child. This may include grandparents, other relatives, friends, dating partners or new spouses.
A New York woman was ordered to not smoke in her home or car is she wanted visitation with her son. Another woman in Georgia lost custody of her child, who had asthma, due to her smoking. Although quitting smoking when you know a custody case is pending may help, more and more judges are skeptical of this behavior. Some advise parents who smoke to never smoke in their homes or cars. If smoking becomes an issue during the custody battle, these factors may work in your favor. Additionally, not allowing other people to smoke around your children may work in your favor.
Some judges are fighting for smoking to be a mandatory consideration for custody just as other risks would be considered. The risks of second-hand smoke have been firmly established in the medical community, and more judges feel this is reason enough to consider smoking when hearing a child custody case.
Did you know?
Did you know?
There is no such thing as a lawsuit that seeks for “too much” in damages.
Depending on the specific details of a case, certain people may be entitled to an enormous amount of monetary compensation.