Is smoking tobacco products grounds to file for a modification of custody?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is smoking tobacco products grounds to file for a modification of custody?
I have recently found out that my ex has started smoking. Obviously the risks of second hand smoke is a huge concern to me. I have asked him to quit in the presence of his daughter and when he refused, I gave him a rough draft for a modification of custody. Its a simple modification (just adding a stipulation). He wont sign it, and now has hired an attorney to be present at mediation. Do I have grounds to modify the custody? Should I also hire an attorney?
Asked on July 25, 2011 Utah
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are two types of custody; physical and legal. Physical custody means the parent with whom your daughter lives. Legal custody means making decisions about your daughter's healthcare, education, etc.
You may have a good argument for seeking a modification of physical custody because your daughter's health is clearly endangered by secondhand smoke. In some states, smoking in a car when a child is a passenger is prohibited. I don't know if Utah is one of those states. Since your husband has an attorney, it would be advisable for you to also be represented by an attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.