Smoking Cigarettes and Child Custody in Orlando: What Parents Should Know

When cigarettes first appeared, their health effects were completely unknown. Today, most people accept that they can cause serious cancers. Relatively recent research has shown that cigarette smoke can also affect bystanders – especially family members. How might this affect your custody battle in Orlando? If you smoke cigarettes, does this automatically mean you’ll lose primary custody? What if you’re a non-smoker, and you’re concerned about second-hand smoke exposure while your kids are with your ex?

Family Courts Are Serious About Second-Hand Smoke 

Parents in Orlando should know that family courts take second-hand smoke quite seriously. This is a factor that many judges consider when making decisions about parenting time. Second-hand smoke is a known and established hazard for children, and this assertion is supported by numerous medical studies. Technically speaking, there is nothing illegal about smoking in front of your kids. However, this action can have an impact on your parenting time even if it is not unlawful.

Could I Lose Parenting Time Because of My Smoking? 

If you smoke cigarettes and your ex does not, you might be at a disadvantage when fighting for parenting time. Your ex might successfully argue that the children face second-hand-smoke hazards when visiting you. This might be especially problematic if you have smoked in the presence of your children in the past.

How Can I Keep Custody as a Parent Who Smokes? 

That being said, your decision to smoke cigarettes should not prevent you from seeing your children. This is only one factor that judges consider when determining parenting time, and there are many others. For example, your ex might also expose your children to various other hazards. Perhaps they have a history of drinking while driving. If you can show that your ex poses a greater hazard to your children than you, it may be easier to pursue positive results.

There are a number of steps you can take to improve your parenting time results as a smoker. Perhaps the most obvious option is to simply quit smoking. By eliminating this issue entirely, you can avoid any potential issues regarding parenting time. This also shows that you are willing to make sacrifices for your children, and this could send a positive message to family courts.

Another option is to switch to vaping. The exhaled substance from vaporizers can still be harmful, but it is not as bad as second-hand smoke. You might also decide to start smoking outdoors, ensuring that your children are not around when you decide to have a cigarette.

Find an Experienced Parenting Time Lawyer in Orlando 

Whether you’re a smoker or not, cigarettes could have a major effect on your custody battle in Orlando. To address these potential challenges, it makes sense to work with an experienced parenting time lawyer. Choose Orlando family lawyer Steve Marsee, P.A. – and discuss this complex issue in more detail during a consultation. We can help you pursue positive child custody results in Florida.

Sources:

healthychildren.org/English/family-life/family-dynamics/types-of-families/Pages/Secondhand-Smoke-and-Child-Custody.aspx

heart.org/en/news/2022/05/31/in-secondhand-vape-scientists-smell-risk