Legal Question in Family Law in California
Is it illegal to smoke around your child if you know they have asthma?
1 Answer from Attorneys
Uh, let's see, even without asthma you are setting your child up for respiratory problems and probably lung cancer later in life. With asthma you are making your poor child feel like they are suffocating every time you smoke around them. But you only care if it's legal or illegal? If you are asking this question for yourself, you are deeply and profoundly sick. If you are asking this question about someone else, the answer is no, it's not per se illegal, but if the asthma is serious enough it endangers the child it is illegal. In addition, if there are any custody proceedings involing the child, most courts are willing to include a no smoking around the children clause in custody orders, and if the order is not followed, that is illegal as well.