Will a court look negatively on my smoking around my child?


Smoking is never a great issue to be surrounding your child with, and that’s just common sense. However, the court’s going to look for some kind of nexus or connection between your smoking and the child’s issues. For instance, if you child suffers from an asthma problem or a breathing problem, or has allergies, then smoking becomes an issue. Then we have the question of is it firsthand smoking by you. Is it the secondhand smoking that the child picks up for your or other people? Then we have the concept of thirdhand smoking which is you smoke outside. I never smoke inside my house; I only smoke outside on the patio. But your clothes are permeated with the smoke, so if your child suffers from asthma, allergies, or breathing problems, even thirdhand smoke can be a problem. However, to prevail on that issue in court you will need the testimony of an expert to come in and say the child suffers from this condition. Smoking occurs, and you have to prove that smoking occurs.


Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss the options for marital dissolution, please contact The Law Firm of Charles D. Jamieson, P.A. online or call 561-478-0312.