modification in florida

[gollymolly]

we are approaching trial within the next 4 months.

the basis of our case is medical issues. our daughter developed asthma after the divorce. one year into her treatment, the other parent stopped giving her the medication... preventative and otherwise. this made her more sick. the other parent also smokes around her (several accounts according to the child).

though the child has been allergy tested and scored VERY high to cat and dog allergy. the other parent continues to take in new indoor animals... up to 10 indoor cats and 2 large indoor dogs in a 1000 sqft home within a year. (litters of kittens and such)

no precedence has been set in florida regarding smoking parents, so unfortunately we are on the front end of the battle.

my question is regarding proof that the child is exposed to second-hand smoke.

other than what the child says, i have medical notes on an appointment that the other parent took the child to without me present (meaning the other parent provided the history to the ENT) the notes for that appointment state, "Relevant risk factors: exposure to passive tobacco smoke and pet(s) - cats and dogs."

the custody eval.'s findings were that there was no substantial change. that i did not prove that the other parent smoked in the child's presence.

i know that pharmacies sell TobaccAlert, which tests urine for smoke exposure, but i am not sure that is a good idea to do that myself.

1. will i need to prove it in court?

2. if so, how do i prove that the child is exposed to smoke?

3. any other thoughts?

[socrateaser]

>1. will i need to prove it in court?

If your case is premised on the other parent smoking in the child's presence, then you must prove it. That's what the evaluator has said -- you haven't proved your case.

>2. if so, how do i prove that the child is exposed to smoke?

Well, I suppose that TobaccoAlert would be a reasonable option. But, you need to have it done by a lab, so that your evidence will be admissible as authentic.

[gollymolly]

ok.

i am picking the child up (from time with the other parent for christmas) and would be able to have the urine test done on monday.

1. will one test suffice? or would it be best to test her for a couple of months to show consistent exposure?

i could test her at the end of my time to show the negative result and then test her right after picking her up from time with the other parent to illustrate exposure during that time.

2. then, i feel terrible for doing this... i mean, i know it is for the best since the other parent has been warned many times, but what do i tell our daughter i am doing? i don't want the other parent to find out.

[socrateaser]

>1. will one test suffice? or would it be best to test her for
>a couple of months to show consistent exposure?

more is better.

>
>i could test her at the end of my time to show the negative
>result and then test her right after picking her up from time
>with the other parent to illustrate exposure during that
>time.

good plan.


>
>2. then, i feel terrible for doing this... i mean, i know it
>is for the best since the other parent has been warned many
>times, but what do i tell our daughter i am doing? i don't
>want the other parent to find out.

you may only get one opportunity to test. if it's possible, that should be enough.