March 7, 2014 By Paul Wallin

It is common knowledge that smoking cigarettes can have negative effects on your health. In the state of California, laws have been passed to ban smoking in restaurants, bars and enclosed workplaces to prevent the effects of secondhand smoke on others. However, smoking can impact more than your health.

In child custody cases, smoking cigarettes can influence a court’s decision as to what custody order is in the best interest of your children. It is important to have an experienced family law attorney fighting for you when you are involved in a child custody dispute. An attorney with experience in this field will be able to deliver a strong defense in order to attempt to sway the court’s decision in your favor.

At Wallin and Klarich, our family law attorneys have over 30 years of experience in defending our clients’ child custody rights successfully. Our attorneys are dedicated to providing you with the best legal advice and strong court representation. We will do everything within our power to get you the best possible result in your case. We urge you to call our firm today and encourage you to read on and learn more about how smoking can affect custody matters. This will ensure that you are more informed and better prepared for your child custody case.

How Smoking Can Be a Factor in Child Custody

Child Custody (2)
Smoking cigarettes can have a significant affect on your child custody.

Smoking can have a significant A study by Action on Smoking and Health, an anti-smoking advocacy group, found that smoking by either parent can be a factor in child custody cases. The study found:

• No court has ever ruled that subjecting a child to tobacco smoke should be ignored in deciding custody;
• Courts sometimes consider the smoking habits of others who may have contact with the child, such as boyfriends or girlfriends, grandparents and friends when making custody decisions; and
• Existing custody or visitation orders can often be modified if a child is being subjected to tobacco smoke.

In the state of California, whether or not smoking influences child custody orders depends on the circumstances of your case. A judge may order that no one smokes around the child or that there be no smoking 24 to 48 hours before the child arrives in a home. If your child has respiratory problems or allergies, the judge may place greater restrictions in a child custody order.

California’s anti-smoking laws are some of the toughest in the country. It is one of six states that ban smoking in a vehicle with a child. Violation of this law in California is an infraction punishable by a fine of up to $100. Smoking in a vehicle with a child can be used as evidence in a child custody case.

Modifying the Terms of a Child Custody Order Due to Smoking (Family Code Section 3011)

Under California Family Code Section 3011, the state of California allows the terms of a child custody order to be modified if it can be shown that the change is in the best interest of the child. Among other factors, the judge will consider:

• The age of your child;
• The health, safety, and welfare of your child;
• The nature and amount of contact your child has with both parents;
• You and the other parent’s ability to care for your child;
• The duration and adequacy of your child’s living arrangements; and
• The emotional relationship between you and your child, as well as between your child and the other parent.

If the judge finds that smoking on the part of you, the other parent or a significant other harms the child, the judge can modify child custody orders to include greater restrictions or even change the terms of the custody arrangement.

Call the Child Custody Attorneys at Wallin & Klarich Today

Child Custody Attorneys
Wallin and Klarich Family Law

If you or a loved one is in need of a child custody modification due to smoking, it is critical that you speak to an experienced family law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience successfully handling child custody cases in Southern California. Our skilled attorneys have helped thousands of clients get the best possible outcome in their case. Let us help you.

With offices in Los AngelesTorranceTustinSan DiegoRiversideSan Bernardino, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you are located.

Call us today at (888) 749-7428 for a free phone consultation. We will be there when you call.

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