Smoking parents could loose custody in custody battles to nonsmoking parent

The Dayton Daily News in Ohio reported on September 27, 2006 that parents who smoke in Ohio may loose custody of their children in custody battles in favor of nonsmoking parents.

Ohio may soon ban smoking in the barroom and the bedroom. Voters could face rival smoking restriction petitions on the Nov. 7 ballot. And a recent Ohio appeals court custody ruling that favored a nonsmoking parent could affect other smoker households with children. The ruling by the 7th District Court of Appeals is part of a trend that punishes parents who puff. "More and more people are bringing these issues up in custody fights, and courts are having to consider it," said Vernellia Randall, a University of Dayton health care law professor. Courts in at least 18 states "have issued orders prohibiting smoking in homes and cars of children involved in custody disputes and/or limited custody of parents smoking around children," according to Action on Smoking and Health, a Washington, D.C.-based anti-smoking group. "A parent who smokes around their children in their home in a closed environment is subjecting their child to a health hazard," Randall said. "That's the basic argument."

Link: Smoking limits may hit home.