St. Louis smokers seeking child custody, beware

On behalf of The Marks Law Firm, L.L.C posted in Child Custody on Sunday, February 26, 2012

When an individual decides that they have had enough in a marriage, and that it is time for a divorce, a million thoughts may race through their head. However, if they have children, the first is sure to be, “Who will get the kids?”

One thing that couples, all over St. Louis, who are splitting up can agree on is that both parties, ultimately, want what is best for the children. However, the respective parties will likely present differing opinions on what, exactly, is best for their children. In several situations, both parents want child custody.

It was recently reported that in custody cases, if an individual is a smoker they are less likely to get full, or even partial, custody of their beloved children. This is not just speculation; there are documented cases of custody being decided over habits, such as smoking, in parents.

In at least 18 states, courts have ruled that submitting a child to the harms of tobacco smoke is cause to evaluate custody arrangements. In fact, one mother was ordered by the court to cease smoking if she wished to maintain visitation of her child. Evidence of a parent smoking appears to be particularly compelling in cases where the child suffers a respiratory ailment.

If an individual in St. Louis is a smoker and involved in a custody battled, it would be wise for him or her to consult an experienced attorney and minimize the number cigarettes he or she smokes around their children — if he or she is not able to quit the habit entirely. Furthermore, said individual should never smoke in a car or inside.

Source: The Washington Times, “Smokers losing child custody cases a growing trend,” Myra Fleischer, Feb. 21, 2012

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