Legal Question in Family Law in Ohio

Medical Neglect

I am the custodial father of 2 boys. My oldest (7) has moderately severe asthma and has problems when exposed to cigarette smoke. I have had him in the emergency room in the recent past due to a severe asthma attack. His mother smokes and does not see the need to go outside when her son is around. When he returns from her place his clothes and hair smell strongly of cigarette smoke. She also smokes in the car when he is with her. I have a signed statement from the doctor that states the child cannot be exposed to second had cigarette smoke in which I have provided her a copy. The doctor has stated that his asthma is severe enough that he could possibly have an attack severe enough to end his life. He has to carry an Albuterol inhaler with him constantly and take Flovent twice daily. He is also on a nebulizer at home. My question is whether there is anything I can do to keep her from smoking around him? If not, can the custody order be changed to order either supervised visitation or to deny visitation all together?


Asked on 10/26/99, 12:11 am

1 Answer from Attorneys
Dennis Levin Dennis P. Levin

Re: Medical Neglect

You will have to file a motion to modify the current order. You can either ask the court to require that there be no smoking around the child and/or ask to modify the current custody arrangement and STILL require that there be no smoking around the child. You will probably need to present medical evidence to the court at the time of hearing if no resolution can be reached. There is a growing area of case law dealing with smoking, children and parental rights and responsibilities.

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Answered on 10/26/99, 5:51 pm


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