SMOKING WITH TODDLER IN HOME...... PLEASE HELP

[papaalex2003]

I have anothe question that has to do with the current situation of my little girl. I'm curious to know if there are any new laws or motions going on when it has to do with keeping smoking in the house with a child in it. My lil girl lives with 5 smokers. Like I had said before she is only 3 now. She shares a room with her mom who also smokes in the room. Everytime i pick her up all I smell is smoke. I never usd to say anything because I used o smoke in the past. But I never smoked in the house. I am beginning to notice that she is beginning to have accefts from all the smoke. Although I have insurance for her. DO i have the right to get info about her medical record from her doctor. There is no court order saying I can't, and can anything be done when I file for paternity rights. It kills me inside to see her hating the smoke and not being ale to do anything about it. i'M IN fLORIDA IF THAT HELPS AS FAR AS COURTS.

[wendl]

http://ash.org/kids.html

http://www.ash.org/custody-and-smoking.html

http://www.forces.org/disgust/files/ash.htm

http://ash.org/kids/custodyloss.html

I got these of the resource section under TBG's links

[MYSONSDAD]

In the State of Illinois it is a form of child abuse. Check your state statues. I would also recommend doing some searches with the AMA and other medical communities and print out their findings.

You should have every right to check her records. I would also update all information about yourself, you listed as father and all numbers where you can be reached.

[equal_rights]

I am in Illinois and second hand smoke has affected my child greatly, being exposed to it every day.  His clothes hands and hair often smell of smoke whenever I pick him up.  I was unaware that the state viewed second hand smoke as child abuse.  Can you tell me more about this.  Any links or personal knowledge you could give would be greatly appreciated.  If you could email me or post any info, it would be greatly appreciated.

[MYSONSDAD]

Smoking and Custody

NEW -- Links on Smoking and Custody, TGB LINKS

Custody and Smoking Report - from ASH
Smoking as Child Abuse - At Least 15 States Cracking Down on Smoking Parents
Article - Smokers May Lose Custody of Children as a Result of New Study
Children and Smoking - Links
Lots of good articles and links


http://www.no-smoking.org/august00/08-09-00-2.html

http://www.forces.org/disgust/files/ash.htm


http://ash.org/kids/kentucky.html

I found it in the State Statues, or it could have been in the TGB Links posted by State. I have it printed out, but would have to find it for the url.

Hope these help!

"Children learn what they live"

[MYSONSDAD]

I came across the abuse in Illinois about two years ago. Did not save it because neither me or my PBFH smoke. But her boyfriend does. I will keep searching. This is something I found that may help you.

--------------------------------------------------------------------------------
Monday July 14 5:59 PM EDT
Company Press Release
Source: Action on Smoking and Health
ASH: Parental Smoking Kills 6,200 Kids Each Year and Costs $8.2 Billion; But Law Is Finally Beginning to Crack Down on Major Form of Child Abuse; At Least Fifteen States Will Take Away Custody if Necessary to Protect Kids
WASHINGTON, July 14 /PRNewswire/ -- Action on Smoking and Health (ASH) issued the following:

A new study shows that parental smoking each year kills at least 6,200 children, causes 5.4 million serious ailments such as ear infection and asthma, costs $4.6 billion annually in medical expenses alone, and ultimately costs the American economy $8.2 billion annually.

``More young children are killed by parental smoking than by all unintentional injuries combined,'' the researchers said in the July issue of the Archives of Pediatrics and Adolescent Medicine.

But states are finally beginning to provide protection against what some have called the most prevalent form of child abuse, say law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH).

In at least the fifteen states where the issue has been raised, courts have held that it is appropriate to consider whether a parent smokes around a child in determining whether they should be awarded custody, says Banzhaf.

``Most cases are resolved with the court entering an order prohibiting the parent from smoking around the child -- or sometimes even within the home or car -- sometimes for as long as 2 days before the child's arrival.''

In cases where parents refuse to agree, or violate a court's no-smoking order, parents can and have in fact lost custody, he says.

And, in one of the most encouraging developments of all, the same protection against smoking in the home is beginning to be extended to children not involved in divorce and other proceedings where custody is an issue.

Increasingly it is possible for others concerned with the welfare of a child -- i.e., a doctor, a school nurse, a grandparent, or even a neighbor -- to file a complaint of suspected child abuse, neglect, or endangerment where smoking in the presence of the child creates a significant health risk.

This could occur where the child has asthma, hay fever, allergies, sinusitis, or other conditions which make them especially susceptible to tobacco smoke, says Banzhaf. Even recurrent ear infections might provide the basis for such a complaint, he says. At least three parents he knows about have lost custody of children because of complaints from outside the home.

This report, and others like it, are likely to trigger even more complaints, and provide additional basis for action by courts and by child welfare authorities. Action on Smoking and Health (ASH) helped develop the legal theories under which smoking can be raised as an issue in child custody disputes or in child abuse, neglect, or endangerment situations. It has participated or assisted in a number of those proceedings, and debated the legal and other issues in a number of forums.

States which have rules that parental smoking around a child may be considered in custody proceedings include: California, Florida, Illinois, Louisiana, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, Oregon, Pennsylvania, South Carolina, Tennessee, and Texas.



--------------------------------------------------------------------------------
SOURCE: Action on Smoking and Health
Contact: John Banzhaf of Action on Smoking and Health, 202-659-4310 or 703-527-8418
--------------------------------------------------------------------------------
More news for related industries: healthcare, tobacco.

"Children learn what they live"

[emitone]

where should i look for this information for the state of tx
the mother of my 16 week old daughter smokes in the same room as my daughter when she is there
as well as in the car around my daughter and her 5 year old

[MYSONSDAD]

Go into the search area on this site, at the top, TGB Links to Texas should come up with something to help. They have added a new section on Smoking.

I also would do a google search for Texas, include smoking and children.

Something like, "Child Abuse and smoking, Texas"

A previous post included several links to Ash.org. Many good articles there.


"Children learn what they live"

[StPaulieGirl]

You "never" smoked in the house?  No offense, but I've found that reformed smokers are the worst when it comes to the rest of us who haven't been able to kick the habit yet.  We're the new pariahs.

I have a question.  Did your 3 yr old come to you and discuss her dislike of cigarette smoke all on her own?  Be honest.  My ex's mother smoked until the bitter end.  He never had a problem with me smoking cigarettes throughout our entire marriage.  For him to all of a sudden have a problem with cigarettes would be just like him.....completely dishonest.

What kind of affects from the smoke are you talking about?  Is this all you can nail your ex with?  I guess your relationship with your child's mother is such that you can't suggest that she blow the smoke out the window :(

[MYSONSDAD]

5 smokers in the house is nothing to sneeze at. Why should this child suffer for the bad habits of others. If someone wants a cigarette and there is a child present, take it outside.

My parents smoke, but they have enough respect for me and their grandchild not to expose him to something that has been proven so incredibly harmful. There are hundreds of articles on the harm of smoking and secondhand smoke. Probably why there is so many now who suffer from respiratory problems.

My son would pay the price...

"Children learn what they live"

[StPaulieGirl]

Please understand that some other studies about second hand smoke, I believe there were five, disprove the popular notion of it being the cause of all the damage that has been claimed.  I don't know where to find them, and they' ve probably been buried.  This whole thing is the work of lawyers searching for more lawsuit material.

My dad occasionally lit up the cigars that were always in his mouth,  but there was never a problem with excessive smoke.  I had chronic bronchitis growing up.  Turns out I was allergic to a million things.  Remember when you could smoke anywhere?  Now you can't even smoke in your own car in some locales.  So why are there more cases of respiratory problems?  Here's another one:  why are so many people suddenly allergic to peanuts?  Off topic, but still interesting.

I don't smoke in my bf's house, or either of my daughter's homes.  We all stand outside and either bake or freeze.  5 smokers in a closed up house is a little much.  I've always opened the doors and windows in my house, or at least aimed for the skylight or an open window or door.  

Having said all that, I'll concede that there are people who actually are allergic to smoke.  If the kid is actually allergic, then it would be necessary for these folks to step completely outside, rather than just blow the smoke out the window.

My previous post was a little crabby.  Most of us smokers are courteous enough to respect others in regards to lighting up, but we're  the new scapegoats.    

[MYSONSDAD]

There are pros and cons either way. Smoking is extremely addicting. And most smokers do respect others and are courteous. But then you see others who don't give a sh!t.

You asked about respiratory problems, probably something to do with all the air pollution. But there are too many negatives about smoking and the harm it does. Why add to the problems when it can be easily avoided?

After reading the original post. I beleive this person has every right to be concerned for his childs welfare.

I do agree that it is a new material to bring in to the court system. But it is an 'understandable issue.'

And yes, my mom remembers when smoking was the thing to do, but also remembers when it was not an issue to drive drunk. Bottom line, they both kill.

"Children learn what they live"

[MYSONSDAD]

http://www.sinuscarecenter.com/secsmaao.html

http://www.epa.gov/smokefree/

http://www.epa.gov/smokefree/pubs/etschild.html

http://ash.org/who-ets-rpt.html

http://www.highbeam.com/library/search.asp?FN=HP&ctrlInfo=Round9b%3AProd%3AHP%3ASearch&q=secondhand+smoke%2C+children&search_documents=on&search_images=on&search_reference=on&submit.x=45&submit.y=13

http://www.drspock.com/article/0,1510,5431,00.html

[StPaulieGirl]

Just happened to get into a discussion about second hand smoke on another website...

Here's the link, because one poster posted the actual graphs instead of just the link.

http://www.freerepublic.com/focus/f-news/1280528/posts

Specifically, posts #6 and #29  :7

[MYSONSDAD]

Common sense tells us,

Whether there is medical evidence or not, non smokers are offended by secondhand smoke, why would this be different for a child?

If you ask a child, they will tell you. They don't like it.
 
"Children learn what they live"

[StPaulieGirl]

Of course children can be offended by cigarette smoke.  I always loved the smell of cigars and pipe tobacco.  The smell is becoming increasingly rare.  Cigarette smoke isn't as pleasant as a good cigar.

[MYSONSDAD]

I miss the smell of my grandfathers pipe. Don't like cigar smoke at all.

My parents smoke and have an Ionic Breeze cleaning unit. When you see what comes off of that, it makes a person think...

I understand parents concerns on smoking. My parents will smoke outside most of the time and refuse to smoke at all around my son.

My mom complains about all the extra cleaning attached to smoking. Everything seems to get dirty, faster.

And they open windows too, it helps.

[StPaulieGirl]

Borkuhm Riff pipe tobacco(sp)?  It's cured in whiskey, and smells just lovely :)


Are you old enough to remember the smell of leaded gasoline in the summer heat?  My favorite memory is the smell of cigar smoke and gasoline.  The gas station is now an ARCO, but sometimes I remember that pink '66 Rambler station wagon, and my dad pumping gas.  He used it to take on extra jobs with the Post Office, and needed a station wagon for all the parcel post jobs.

Stale cigarette smoke is stinky.  No doubt about it.  One of those Ionic Breeze things has been on my shopping list for a while.  I do love the smell of a cigar, though.

[papaalex2003]

Sorry it has taken me a long time to respond. First of all I'm not a reformed smoker. My current wife smokes, but she does not smoke in the house or car. My daughter has said she doesn't like it, but her mother and family feel that it did not cause them harm growing up so it won't cause her harm.There is so much smoke in thier house that when my other children and I would stop by to get her we would have to go outside after 5 minutes because our eyes burn. I'm just concerned for her health. To tell you the trth it was because of her and my children begging me to quit that I did. I had help though. Wellbutrin actually works to quit. takes away all the cravings. Just some advice. It was the only thing that helped me really quit after 13 years of smoking and to this day i still don't have the urge.

[MYSONSDAD]

Does the child suffer from allergies or asthma? Even though it is still a health risk, these factors on her health would need to be addressed.

"Children learn what they live"

[MixedBag]

I hope my EX (and fake-wife) reads this post and then takes heed and reads the links above.

When we dated and married, yep, he was a smoker and I accepted that.  So in one sense, I can see where I would have no right to complain about him (and fake-wife) smoking around my son.  I never asked him to go outside or nothing.

But things have changed (haven't they?), and I sure hope that my EX and fake-wife stop and think twice about smoking around my son (and as a matter of fact it's their son's health on the line as well).  But I doubt that they'll put the boys first since they couldn't manage to put their own son first......

[maxwell]

I wsa concered about this for my infant while going through my action against BM. She carelessly smoked with him around especially in car. Several times after i picked him up for my week of visitation I captured his urine and tested it with a valid home test. While maybe not court accepted, I had the results prepared for the GAL. I also did find some case law when I did my research in the law library showing cases of change of custody based on the child's exposure to second hand smoke.

[MYSONSDAD]

Great idea on the urine test!

Those case laws may be a big help to some of us here, any chance you could provide the link?

[joni]

here's an article where a judge in NY banned a mother from smoking in the home and car

http://news.bbc.co.uk/1/low/world/americas/1899231.stm

[StPaulieGirl]

I captured his urine and tested it with a valid home test.

[p]You did WHAT?  Nevermind....