Recent Child Custody Cases Where Secondhand Smoke Around Children is a Key Issue

Over the past twenty years in the United States, family courts have considered child custody disputes where a child's exposure to the secondhand smoke while in the presence of one of the parents has become a significant issue. Since 1987, there have been at least 55 such reported cases in 26 states. Especially in more recent years as public awareness of the health hazards of exposure to secondhand smoke has increased, courts have been willing to intervene on behalf of the best interest of the child and order smoking bans while a smoking parent shares the same environment as the child. In some instances, smoking around the child has become the determinant factor in the court's award of custody of the child. The presenter will examine the history of child custody cases where secondhand smoke has been a key issue and will emphasize recent court decisions that have forcefully described the special hazards to the health of children that are caused by exposure to secondhand smoke. At the conclusion of the session, the participant can determine how court interventions in child custody disputes where exposure to secondhand smoke is a key issue have helped to protect children. Also, the participant can help further educate the local community about the hazards, especially for young children, of secondhand smoke.