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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 Kids' Health

Answers (4)
  • you can go to the courthouse and take out aarrant for violating a court order. i don't know how serious they will take it but it's your dh's childs health at risk

    Answer by SMWOODS at 2:46 PM on Jan. 6, 2009

  • I have not been in your situation, but I would be irate! Anyone who smokes around children to me is just plain selfish putting their desires before the health of a child! I would press charges-if it is on file at the courthouse or wherever it is to be taken as seriously as anything else written in those papers. No different than if you were to not take the child when he/she was supposed to go . Police go to homes all of the time because someone violated something in the custody papers. Why not this?

    Answer by hw1977 at 4:43 PM on Jan. 6, 2009

  • The problem I see is proving that she is in an enclosed space when she smokes. They will need proof that she is smoking in the car and home, and even then it may be difficult, because as of yet, there is no law (I think CA may have one for cars) stating that you cannot smoke around children. So, it is definately something she can fight.

    Answer by Petie at 12:27 PM on Jan. 7, 2009

  • MY stepdaughters mom spent 2 nights in jail for this!

    Answer by Anonymous at 8:30 PM on Jan. 13, 2009

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