Judges take many items into consideration when ruling on an Oklahoma child custody case. One thing they often consider and look at when deciding whether to award custody is whether or not a parent smokes. While we have now known for years that smoking has been bad and caused health concerns, if the added health risks caused by smoking were not incentive enough to get people to quit, the following might provide some added motivation to put cigarettes out for good. There has been a growing movement to take children away from parents who smoke.
George Washington University Law School professor John F. Banzhaf recently proposed the idea to the North American Regional Conference of the International Society for Family Law in Washington, D.C. Banzhaf backed up his proposal with statistics that over 6,000 children per year die because of second-hand smoke. While many states, including Oklahoma, factor parental smoking in child custody cases, Banzhaf pleaded that removing children from a smoking home would be the solution to the problem.
In a Newsmax article, Banzhaf stated that:
“We, as attorneys, probably have greater power than other professionals to right wrongs, and to change society for the better, because we can use the tremendous power of law for the public good rather than just to benefit paying clients. And you, as family attorneys, can and should be using the great power of law to right serious wrongs being done to children.“
WHAT THIS MEANS TO PARENTS GOING THROUGH AN OKLAHOMA CHILD CUSTODY BATTLE?
Smoking might not be the defining item that decides custody, but a judge will always put what’s in the child’s best interests when he or she makes a ruling. As more and more anti-smoking laws are put in place, smoking has become an effective tool for a parent to use in court to gain leverage against a parent who smokes. Ultimately, smoking is now something that is considered when deciding custody and visitation.
It has not been uncommon for Oklahoma courts and elsewhere to issue orders to a smoking parent. These might involve smoking outside or using only one room in the house to smoke and also prohibit them from smoking in the car with a child. If such orders are made, arrangements are usually made to make sure the parent is adhering with the order. If you the smoking habits of your ex concern you when he or she is around your child, you will want to contact an experienced Oklahoma child custody attorney.
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Smoking Could Impact Oklahoma Child Custody Rulings
Could a parent's smoking habits determine whether or not they'll gain custody of their children?
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