Parent’s Cigarette Smoking Can Affect Child Custody

 Posted on May 29, 2014 in Child Custody and Support

An increasing number of judges are recognizing the dangers to children exposed to secondhand smoke and are factoring in a parent’s smoking when deciding custody issues.

It is well-documented that smoking is bad for your health. Multiple studies have also proven that second-hand smoke is bad for the health of people who are exposed to a smoker’s cigarette smoking. Second-hand smoke has been labeled as a Class A carcinogen. There are more than 40 substances that are known to cause cancer. Second-hand smoke also contains substances that can damage and others human organs and tissues.

The lung growth in children can be affected by second-hand cigarette smoke which can cause pulmonary problems as they get older. Children also suffer from sore throats, headaches, irritated eyes, nausea, and dizziness from exposure.

Children exposed to second-hand smoke are more prone to developing asthma. The more exposed an asthmatic child is to cigarette smoke, the more frequent and severe are their attacks.

The anti-smoking group Action on Smoking and Health (ASH) conducted a survey to see just how serious courts are taking the dangers of smoking when deciding custody. The results of the survey include the following:

• There has been court rulings in at least 18 states where judges have written that a parent’s smoking should be considered in child custody cases;
• Courts have issued prohibitive smoking around the child orders in thousands of cases nationwide;
• Courts have issued orders that there be no smoking in the home one to two days before the child comes for visitation;
• Courts have also considered the smoking of other people who will be around the child – including grandparents, family members, and friends when weighing custody;
• No judge has ever issued a ruling stating that cigarette smoking exposure has no bearing on child custody.

Even existing child custody orders can be modified if there is concern over a child’s exposure to second-hand smoke. If you are concerned about the health of your children, such as cigarette smoking when they are with your ex-spouse, please contact an experienced Geneva family law attorney to discuss any options you may have regarding child custody.