Indiana Case Law - cigarettes for a minor

[hoosierpapa4]

In the past, I have posted specifically about the fact that my X has provided cigarettes to my minor daughter.  I am having difficulties finding Indiana Case Law where providing cigarettes to a minor has been a deciding factor in modification of custody.

1) Is there specific case law that you can point me to where this might have been used as a factor?

2) Can you re-state your opinion on providing cigarettes to a minor and how modification of custody based upon this fact (there are many more that I will be using obviously) has contributed to a modification of custody.

Thanks.

[socrateaser]

>1) Is there specific case law that you can point me to where
>this might have been used as a factor?

I would need to research it and I don't have time. I doubt that such explicit case law exists, but you shouldn't need it to make an argument regarding the issue. Example of magic words:

Respondent has been viewed on numerous occassions, providing cigarettes to the parties' minor child, CHILDSNAME. Under ______ (provide the applicable criminal law section), the sale of cigarettes to a minor is a crime. This is a clear demonstration that the state legislature believes that a minor child's best interests are poorly served by smoking. Furthermore, the health dangers associated with cigarette smoking are scientifically indisputable. For Respondent to voluntarily provide cigarettes to our minor child is to intentionally and affirmatively act against the child's best interests, and therefore should be viewed by the court as a substantial change in circumstances demanding a new custody hearing.

END EXAMPLE

However, the above argument is only as good as the supporting proof. You need objective proof that what you allege above is actually taking place. If you have it, you can get a new custody hearing. If you don't have it, you're wasting your time.

[hoosierpapa4]

Already have the modification of custody before the Court (for other reasons in addition to the providing cigarettes to the minor child).  Will be in Court next year.  Have a GAL appointed.  The GAL is an attorney.  My younger children have watched their mother buy and hand cigarettes to my minor child for her express consumption.  They (my youngest children 11 and 12) have conveyed this to the Court appointed Family Counselor (and she will testify to it).  They have also observed my minor child smoking in their mothers home where my other daughter (extremely asthmatic) has to breath too.

1) Should I present this information to the GAL?  If so, knowing that she is extremely ADD, and has to believe that it's her idea, how should I present it?

2) I would dearly love to have case law which demonstrates where this has been a factor in modification of custody here in Indiana, would you know where I can find this (searching on the web is not showing anything yet).  Can anyone else out there give me a hand searching for this?

Thanks again for your time Soc...

[socrateaser]

>1) Should I present this information to the GAL?  If so,
>knowing that she is extremely ADD, and has to believe that
>it's her idea, how should I present it?

I don't know. I'd offer a copy of a report from the therapist discussing the issue and others, with no particular remark by you referencing the cigarettes. That way the GAL will discover it on her own.

>
>2) I would dearly love to have case law which demonstrates
>where this has been a factor in modification of custody here
>in Indiana, would you know where I can find this (searching on
>the web is not showing anything yet).  Can anyone else out
>there give me a hand searching for this?

Well, I think you'll be wasting your time, but subscribe to //www.versuslaw.com for a month ($11.95) and you can search the case law for every state appellate court in the U.S.