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Smoking

  • Thread starter Thread starter maxwelltx
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maxwelltx

Guest
What is the name of your state? Texas

I need a court order to ban my ex-spouse from smoking in front of my son during visitation. How do I go about this?
 


LdiJ

Senior Member
maxwelltx said:
What is the name of your state? Texas

I need a court order to ban my ex-spouse from smoking in front of my son during visitation. How do I go about this?

You would need to file a petition for modification asking that he/she be restrained from smoking around the child. Whether or not you win will depend on how the judge feels about that issue.
 

heavenscent

Junior Member
Also, if there is a health concern (besides the obvious dangers of smoking) such as asthma you should stress that point to a judge. Good Luck! :D
 

smcgarry

Member
We got a note from child's Dr stating 2cnd hand smoke causes her to have upper respiratory infections. That holds ALOT of weight in court with the Judge and the Judge ordered that she can't go anywhere there is exposure to 2cnd hand smoke, nor can NCP smoke around her.
 

pinecone1954a

Junior Member
I just went through the same thing. The attorneys and judge argreed with me. Also, when a smoker finishes a cigerette, the smoke stays in their lungs for about ten minutes before it is all expelled from the lungs. So you must account for that time also. One more thing, smoke also lingers on skin, clothes and interior walls and furniture, that too is considered second hand smoke and can attribute to young childrens breathing problems. So go for it! Good luck your child deserves it.
 

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