QUESTION
3 year old child subjected to cigarette and marijuana smoke in place where father resides
Asked on Feb 05th, 2013 on Family Law - New Jersey
More details to this question:
I am a non-smoker and my ex is a non-smoker as well. However, there are at least 3 people in the house who do smoke in the house. I am concerned for the well-being of my child and want to revise custody to me having primary physical custody with visitation for the father in a non-smoking area. Even if this means no overnight visitations. My primary goal is to keep my daughter safe.
1 ANSWER
2 Awards
You can do a modification of the custody agreement to require that your child have a smoke free environment. Most judges and courts are very sensitive to this issue because it has been proven that children subjected to second hand smoke are more likely to develope asthma, allergies, persistent respiratory problems, etc. Ask for a change of custody. It might be helpful to get a doctor to write something that says the child should be in a smoke free environment.
Answered on Feb 06th, 2013 at 4:00 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship