Legal Question in Family Law in New York
My seven year old son goes to his fathers house and comes back smelling like cigarette smoke. He also tells me that his father smokes in the car and in the house with him. He has told me that the smoke burns his lungs, his eyes, and makes him cough. He has said that he told his father this but he has told my son to just roll down the window or go sit on the porch. I am the custodial parent, the father has every weekend visitation. Is there anything I can do about this? I know that the father smokes marijuana as well but obviously cannot prove if he does it when my son is there because my son has no idea what that is. I just don't want my son in this kind of environment.
1 Answer from Attorneys
You can file for a modification of visitation outlining your concern for your child's health.