Homes and Cars

Child custody and secondhand smoke

Secondhand smoke is increasingly becoming a factor in the courts' rulings on custody arrangements. KIISS receives many requests for information regarding secondhand smoke and custody. The laws and decisions regarding secondhand smoke differ from state to state. Contact a lawyer in your area if you are concerned about secondhand smoke exposure and custody arrangements. The following information should not be construed as legal advice.

1. Why should I be concerned about my child's exposure to secondhand smoke?
2. What are some good sources of information regarding custody and secondhand smoke?
3. What are different ways to approach the issue of secondhand smoke exposure in a custody battle?

Why should I be concerned about my child's exposure to secondhand smoke?
 
Secondhand smoke has serious health consequences for nonsmokers. It is estimated that 50,000 nonsmokers a year die from the effects of secondhand smoke (primarily from lung cancer and heart disease).
Secondhand smoke is even more dangerous for children and infants than it is for adults, because children are still developing, have higher breathing rates, and often cannot remove themselves from secondhand smoke. Secondhand smoke has been linked to increased incidences and severity of asthma, bronchitis, pneumonia, and respiratory infections. Infants exposed to secondhand smoke die from Sudden Infant Death Syndrome (SIDS) at a rate of up to 5 times that of infants not exposed. Children exposed to secondhand smoke have a greater chance of developing cancer as an adult.

What are some good sources of information regarding custody and secondhand smoke?

• Tobacco Public Policy Center: Child Custody and Smoking, Legal Issues (*PDF)
• A Law Synopsis by the Tobacco Control Legal Consortium (*PDF)
• Secondhand Smoke and Child Custody
• Tobacco Public Policy Center: Judges address smoking in child custody cases (feature article)
• Ruling on re: Julie Anne, an important case in the history of custody and secondhand smoke (*PDF)

What are different ways to approach the issue of secondhand smoke exposure in a custody battle?
 
Taking the issue of smoking before the courts may or may not be the right decision for you. Consider these options for reaching a mutually acceptable arrangement.

1. Work out the issue among yourselves. View our tips for talking about creating a home free of secondhand smoke.
2. If you don't believe the two of you can work it out on your own, consider getting the help of mediator.
3. If you cannot reach an agreement, you will need to have the court decide. This is the most costly and time consuming way to reach a decision.