Smoking

[ccmidaho]

Idaho: I am father of 3 year old son.  Joint Legal and Joint physical custody. Current visititation arrangement is that child is with mother majority of the time. Visitation for me increases incrementally each year adding more time until age 7 when child will be 50/50 physical custody. The issue is related to mother's smoking habit.

Mother had quit smoking during pregnancy and as far as I knew she had quit permanently. I was shocked to hear son describing how mommie smokes inside and that he knew what a cigarette was. During a recent drop off I went inside and sure enough the place reeks of smoke. I have little desire to "rock the boat" as after three years we are finally able to communicate via email about our child. But I am concerned about the potential health affects. So far I am not aware of any particular health affect the smoking has had on the child.

I am going to bring up the issue with her, simply asking her to not smoke around the child, but based on past experience, I will most likely get nowhere and it will probably lead us back to a renewed cold war.

Questions:
1. Do I have any legal recourse to compel her to not smoke in child's presense?

2. Is this considered a serious or minor issue to courts?

Thanks for your help

[socrateaser]

>Idaho: I am father of 3 year old son.  Joint Legal and Joint
>physical custody. Current visititation arrangement is that
>child is with mother majority of the time. Visitation for me
>increases incrementally each year adding more time until age 7
>when child will be 50/50 physical custody. The issue is
>related to mother's smoking habit.
>
>Mother had quit smoking during pregnancy and as far as I knew
>she had quit permanently. I was shocked to hear son describing
>how mommie smokes inside and that he knew what a cigarette
>was. During a recent drop off I went inside and sure enough
>the place reeks of smoke. I have little desire to "rock the
>boat" as after three years we are finally able to communicate
>via email about our child. But I am concerned about the
>potential health affects. So far I am not aware of any
>particular health affect the smoking has had on the child.
>
>I am going to bring up the issue with her, simply asking her
>to not smoke around the child, but based on past experience, I
>will most likely get nowhere and it will probably lead us back
>to a renewed cold war.
>
>Questions:
>1. Do I have any legal recourse to compel her to not smoke in
>child's presense?

Allege that the mother's smoking is a change in circumstances and is an affirmative act against the child's best interets -- therefore, custody should be reconsidered.

>
>2. Is this considered a serious or minor issue to courts?

Depends on what the status quo was prior to the court's current order. Example: if both parents smoked during an intact marriage and the custodial parent is smoking after divorce, then it's no big deal. But, if things have changed for the worse, then it's definitely actionable.