Parents Who Smoke May Get Burned in Child Custody Disputes

Overwhelming evidence proves that smoking causes heath issues not only for the smoker, but also for others subjected to second hand smoke.  In fact, smoking has now worked its way into child custody disputes.

In at least 18 states, courts have ruled that smoking should be considered when deciding custody.  Courts have prohibited smoking around children, especially in cars, in thousands of child custody cases across the country. In some cases, parents have lost custody or had visitation rights reduced because they subjected their child to tobacco smoke.

This statement was issued by an appellate court, "This Court cannot comprehend [that] a parent, knowing that their child suffers from asthma and severe upper respiratory infection problems, with four (4) hospitalizations and twenty (20) plus doctor visits in almost two (2) years, and being warned of the danger of cigarette smoking as it affects the child's asthma as well as the other well-publicized ... effects of secondhand cigarette smoke, would continue to [smoke], thereby directly contributing to the misery and suffering this child has had to endure. To do this to a child is no less child abuse than if you had deprived him of food or medical treatment."

Child Custody disputes where smoking becomes a factor in the ruling will only increase in future rulings.  Courts are going to grant greater custody to the parent or guardian that is best fit for the Childs well being.  A parent that smokes around their child is in not promoting a good environment for the child and the courts recognize this.