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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 Tweens (9-12)

Answers (4)
  • As long as smoking is still legal in the United States, and she is over 18, she can smoke. Now if you have it written in the custody agreement and she still smokes around the child, she is in contempt of court until or unless it is changed. If the child has health issues (per the smoking, or asthma or something) the courts will take it a lot more seriously than usual. If you just don't like the smell on the child and his clothes or the child objects because he or she doesn't like it, you don't have much control over it. Remember that tobacco is still legal, and that your custody clause might very well be considered illegal and get thrown out entirely if you try to change it and get a lenient judge.

    Answer by pagan_mama at 2:49 PM on Jan. 6, 2009

  • If you try to enforce it I meant

    Answer by pagan_mama at 3:12 PM on Jan. 6, 2009

  • My first thought was....did she smoke when your DH and her were togather? I mean if she did then it isn't like he didn't know what his child would be around.

    I smoke and I think if anyone ever said to me that I couldn't smoke (it's legall) I would probably have the "screw you" additude. A little childish I know but we all have our moments. As Pagan Mama said if this is medical then I would have to take offense and possibly see what could be done, that changes everything for me.

    Answer by luckysevenwow at 4:59 PM on Jan. 6, 2009

  • it sounds like she is doing it purposely. have you talked to an attorney about it. even though i smoke it is not allowed in my car, house, or in the immediate area of my kids. even when i go outside to smoke i stay atleast ten feet from my kids and my house. it sounds like she is just trying to piss you off because she could not do it around your child.

    Answer by Anonymous at 8:32 PM on Jan. 7, 2009

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