Legal Question in Family Law in New York
Smoking
My son has moved home with me after he & his wife brokeup. I smoke cig. the court now says that if I smoke in my home at all even when my grand daughter isn't here we can not have over night visits. I do not smoke in the house when she is here. is that legal?
Asked on 3/11/09, 11:06 am
1 Answer from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
Re: Smoking
Yes, the court is allowed to look at what is in the best interests of the child. Second hand smoke has been linked to many childhood ailments and a court can impose restrictions to behavior even when the child is not present.
That being said, you can fight it.
Joel R. Salinger, Esq.
Answered on 3/11/09, 1:28 pm
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