Legal Question in Family Law in Virginia
Changing Child Custody
My ex husband is threatening to go for child custody of my 7 year old daughter. Can a non custodial parent be granted child custody because the custodial parent or family smoke?
She does not have asthma or anything like that. She has the usual ear infections in the Spring time and Winter time. He calls this chronic health problems due to smoking.
2 Answers from Attorneys
Re: Changing Child Custody
If on balance all of the factors governing choice of CP are in your favor, the smoking ALONE is not going to tip it over to the other parent. However, in terms of litigating it is somewhat of a crap shoot and will depend on the disposition
and personal views of a particual judge.
Re: Changing Child Custody
Your ex-husband is himself "blowin' smoke" with this kind of threat. Rest assured, a court is not going to find you an unfit parent for your daughter and give custody to him on the basis that you're a confirmed and, perhaps, even an unrepentant puffer of cigarettes, and possible consumer of who knows what other unwholesome tobacco products.
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