Legal Question in Family Law in Virginia

Smoking around my son

My son's stepmother smokes, and my son was born with an airpocket around his lungs and has a slight heart murmur. Every time I pick him up, his things smell like smoke, no matter how many times I tell her not to smoke around him, it can harm his health. Is there anything i can do to prevent her from coming around my son. She does have visitation rights, but I'm afraid for my son's safety and his father is overseas. is there any order I can put in place until he returns?


Asked on 12/04/07, 7:50 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Smoking around my son

If the stepmother has visitation rights, you merely file a motion with the J&DRDC(assuming that's the court with jurisdiction) to have her visitation order modified to include the prohibition of her smoking in the presence of or around the child.

(If she then violates the order, she can be sanctioned by the court for contempt.)

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Answered on 12/04/07, 8:19 am


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