An Honest And Smart Approach To Family Law

Smoking and child custody

It’s certainly no secret that smoking is an unhealthy habit. While there are government regulations in place that require tobacco companies to be transparent about the ramifications of using their products, there are also legal precedents in place that impact child custody. If you are fighting for custody of your child in Phoenix and are a smoker, it’s time to consider quitting.

Courts consider the child’s health

Other people breathe in the smoke from your cigarettes. There are countless studies available that show the damage that secondhand smoke can have on people.

This is especially dangerous for children with respiratory issues such as asthma or severe allergies. According to some studies, 40% of children in the United States are exposed to secondhand smoke. That figure is certainly something that courts consider when determining child custody.

This isn’t a new concept

While this concept may seem new to you, courts have been considering children’s health and the presence of smoke in a home for nearly 30 years. A 1994 Tennessee case (Mitchell v. Mitchell) saw the judge grant custody of the child to the father. The judge acknowledged the fact that the mother and maternal grandmother’s smoking played a role in his child custody decision.

What steps should you take?

The best course of action is to stop smoking. This isn’t only the case if you are going through a custody battle. Proactively stopping smoking can benefit your child’s health while ensuring that a judge doesn’t consider your smoking should your relationship with your child’s other parent end.

Giving up cigarettes is certainly not an easy task, but it’s a task that’s worth it. As a parent, your child’s health is your top priority and is also a priority for the court system.