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Anyone have a no smoking clause on their child custody paperwork?

My DH has custody of his son and their is a strict 'do not smoke & do not allow anyone else to smoke around minor child in any enclosed space car, home, etc.....and the mom will not stop! She will wait until we have driven off from dropping him off and then light up! So we know she is will be in contempt of court if we press it, but how serious will the court take it?? We have spent so much money already and really don't have anymore to spend but we hate that she will not stop smoking with him! The child has asked her repeatedly to stop and she still refuses! It is almost like a control issue with her~! We aren't sure what to do. Can anyone help? Have you been in this situation before?

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Asked by Anonymous at 2:38 PM on Jan. 6, 2009 in School-Age Kids (5-8)

Answers (5)
  • I don't see how this is even legal. God knows it shouldn't be. That would be like haveing a "No Fast Food" clause... Smoking is not illegal. In fact, although not healthy, it's not even illegal to smoke with your kids in the car. SO... although they are breaking this court order it would take TONS of money for you to have it inforced. AND... you would have to proove with out a shadow of a doubt that she is smoking - you "knowing" it won't be enough...

    Answer by SabrinaMBowen at 2:44 PM on Jan. 6, 2009

  • You know, I SMOKE and yet I would vote YES on a law that made it illegal to smoke inside a house or car with a minor.
    If you can take it to the judge who helped with the custody agreement in the first place, you have a lot better chance of it being taken seriously, and especially if the child has respiratory issues or asthma.

    Answer by RanaAurora at 9:24 PM on Jan. 6, 2009

  • my hubby is a smoker and i grew up in a hm where my father smoked. i would never want either one of them to get into trouble for smoking. that said, they were raised that b4 lighting up, you ask if it offends, even kids, and if it does they don't light. my hubby doesn't smoke in the house either. but since it is in the papers, does that mean she agreed to the terms. if so, she should have never agreed and i don't know if the courts would do anything.

    Answer by KARRIEMARIE at 9:56 PM on Jan. 6, 2009

  • ANYTHING can be put in a custody order, anything that both parties agree on and sign...therefore yes she can be held in contempt.And it would be easy to prove the court just has to do a blood test, nicotine will show in the system and if the child states to the judge(most likely in chambers) that his mother smokes around him, then she will be found in contempt...the thing is, they would probably just fine her and re-word the order to avoid the issue in the future, they won't terminate her rights, or custody. The exception would be if that clause was added due to a healthissue of the childs, if that is the case his Dr would probably have to testify that her smoking is endangering his health, and I'm not sure what the court would do there.

    Answer by megmckn at 3:08 AM on Jan. 7, 2009

  • I used to smoke and I have 5 kids but I never smoked in my house and certainly never in a car. I think it is a shame that we have to even worry about enforcing laws to make people consider the health and well being of their children. This is not 1955 people...we now know that smoking is bad for you and second hand smoke just as bad if not worse for our children. Smoking is not illegal and this is America...she should be allowed to smoke if she wants...but not around the do you ever enforce something like this though?

    Answer by salexander at 12:17 PM on Jan. 7, 2009

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