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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 2:39 PM on Jan. 6, 2009 in General Parenting

Answers (3)
  • Speaking in generalities about contempt charges...document, document, document. Get pictures if you can, note each time you see her doing it, etc....

    Speak with a lawyer. The first time filing contempt it will basically be a slap on the wrist..however...each time after that she has to appear for the same thing...the judge is NOT going to be happy. She can eventually go to jail for it.

    Answer by Anonymous at 3:54 PM on Jan. 6, 2009

  • Dh's son actually recorded himself asking her not to do it this time ( his mp3 has voice recording) and no we didn't tell him to do it, before anyone begins a bash fest, he really can't stand her smoking that much.

    Answer by Anonymous at 4:07 PM on Jan. 6, 2009

  • You need to take her back to court because she is in contempt and as long as you have proof she can get in serious trouble.

    Answer by sammiesmom2000 at 4:39 PM on Jan. 6, 2009

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