Mr. Asthma » Asthma Children » Legal rights for asthmatic daughter
Legal rights for asthmatic daughter
Question:
> I have a six year old daughter who has asthma and I was wondering if we > have any rights to restrict visitation with her smoking father? The > last time I let her visit with him during a spell she had to be > hospitalized and given steroids. I would like to prevent that from > happening again. Any info that you might have would be appreciated.
Well, I would try talking to him first. If that doesn’t work, you can take him to court and have him ordered not to smoke around his daughter. Chris Owens
Response:
I have a friend that does not have physical custody of his son, but has as part of his custody and visitation agreement signed by the judge that no one can smoke around the child…that is in the house where he lives with his mother and stepfather, who smokes, or in the vehicles he is transported in The dad has been to court to have the agreement altered on several occasions, but with a firm diagnosis of asthma, the judges have ALWAYS included those restrictions and firmly warned the mother that it must be abided by. I can also say that I have seen the stepfather smoking outside. The court that ruled on this is in Virginia. Good luck and pursue..your child’s health is at stake. Marcia – Hide quoted text — Show quoted text – >I have a six year old daughter who has asthma and I was wondering if we >have any rights to restrict visitation with her smoking father? The >last time I let her visit with him during a spell she had to be >hospitalized and given steroids. I would like to prevent that from >happening again. Any info that you might have would be appreciated.
Response:
I have a six year old daughter who has asthma and I was wondering if we have any rights to restrict visitation with her smoking father? The last time I let her visit with him during a spell she had to be hospitalized and given steroids. I would like to prevent that from happening again. Any info that you might have would be appreciated.
Response:
The standard in most states is what’s in the child’s best interest. I’m sure a court would probably make it a condition that he not smoke during visitation or if he couldn’t do that – make it supervised visitation if you could prove that the smoking harmed the child.
Response:
> I have a six year old daughter who has asthma and I was wondering if we > have any rights to restrict visitation with her smoking father? The > last time I let her visit with him during a spell she had to be > hospitalized and given steroids. I would like to prevent that from > happening again. Any info that you might have would be appreciated.
See: http://ash.org/ Action on Smoking and Health (ASH) http://ash.org/kids.html http://ash.org/nov97/11-06-97-2.html PARENTS WHO SMOKE RUN THE RISK OF LOSING THEIR CHILDREN Excerpt: "In at least 15 states in which the issue has been raised, courts have held that, in view of the overwhelming evidence of the harmful effects of secondhand tobacco smoke, smokers have no legal right to smoke around their children. Thus, when the issue has been raised in divorce and custody proceedings, the smoking parent usually has agreed to a court order prohibiting smoking in the child’s presence, including in the family home, car, etc. Parents who do not agree to such an order or have been found to violate it can lose custody – temporarily or permanently. In several cases, parents have lost custody when a person outside the family – such as a physician – has complained to authorities that parental smoking is causing health problems for the child." Presented as a public service by Action on Smoking and Health (ASH) Ellis