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Ex-wife smokes, so man can keep child
Canton Rep ^ | 09/26/2006

Posted on 09/26/2006 4:45:06 PM PDT by Responsibility2nd

LISBON - A judge’s directive giving custody of a child to a father instead of his smoking ex-wife is consistent with court rulings that smoking may be used in making such decisions, an appeals court said.

The 7th Ohio District Court of Appeals, in a ruling last week, upheld the decision by the Columbiana County Common Pleas Court in favor of Joel Pierce of nearby Leetonia over his ex-wife, Tammy Pierce of Sanford, Fla.

“The Ohio Supreme Court has catalogued the risks of secondhand smoke to children and courts have used the fact that a parent smokes as a factor to consider when making custody determinations,” appeals Judge Mary DeGenaro wrote in a 3-0 ruling.

The child, now 6, had split time between the divorced parents in Ohio and Florida until he was old enough to go to school, requiring a decision on where the child would live.

Although Tammy Pierce and her fiancé said they smoked only outside, the father said his son’s clothes smelled strongly of smoke after being in Florida.

The father had said a pediatrician told him some of his son’s illnesses, such as ear infections, were linked to the smoking.


TOPICS: Crime/Corruption; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: antismoking; blackrobedtyrants; facism; facist; kooks; kooky; libertarians; nannystate; pufflist
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Does this really surprize anyone?
1 posted on 09/26/2006 4:45:09 PM PDT by Responsibility2nd
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To: Gabz; SheLion

Ping


2 posted on 09/26/2006 4:47:00 PM PDT by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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To: Gabz

smokey ping


3 posted on 09/26/2006 4:47:54 PM PDT by tioga
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To: Responsibility2nd


FGS


4 posted on 09/26/2006 4:48:07 PM PDT by onyx (1 Billion Muslims -- IF only 10% are radical, that's still 100 Million who want to kill us.)
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To: Responsibility2nd

I can live with it.

5 posted on 09/26/2006 4:48:15 PM PDT by billorites (freepo ergo sum)
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To: Responsibility2nd

ya beat me to it.... ;^)


6 posted on 09/26/2006 4:48:20 PM PDT by tioga
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To: Responsibility2nd

I have a hard time believing that cigarette smoking was the only factor here, would like more info.


7 posted on 09/26/2006 4:51:57 PM PDT by kinoxi
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To: Responsibility2nd
Does this really surprize anyone?

The only thing that suprises me is that name "Glorial Allred" didn't
appear in the article.
8 posted on 09/26/2006 4:54:04 PM PDT by VOA
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To: Responsibility2nd

Oops, I meant Gloria Allred.


9 posted on 09/26/2006 4:54:36 PM PDT by VOA
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To: Responsibility2nd

When the child is in the environment of the mother's womb, she can kill the kid if she chooses. Such murder is even called heroic by an old biddy with the name of Ruth Bader Ginsburg who sits on the SCOTUS. But once the child escapes the womb, then the same morons in robes who legalized the unthinkable, passes the moral judgement that a smoker is some kind miscreant because she decided to bring the child into the world while engaging in the politically incorrect act of smoking. What a crock.


10 posted on 09/26/2006 4:57:05 PM PDT by Biblebelter
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To: kinoxi
I have a hard time believing that cigarette smoking was the only factor here, would like more info.

Who said anything about cigarette smoking here?

Heh heh.

I re-read the article... maybe mom was smoking crack.

11 posted on 09/26/2006 4:57:46 PM PDT by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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To: VOA
LOL. Our department was sued once by Gloria Allred. I was asked to write the initial response letter to her initial inquiry. The letter was reviewed by our chief counsel, the director signed it and it went out.

When I got my copy, I noticed I had addressed it to Gloria AlFred. The chief counsel said it would cost another $100,000 in apology money. But for some reason Gloria dropped the case.

12 posted on 09/26/2006 5:01:29 PM PDT by osideplanner
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To: kinoxi
"I have a hard time believing that cigarette smoking was the only factor here"

I don't. While ther may be other factors in this particular case, the smoking gestapo has become a tyrant where children are concerned. I dealt with one situation where a judge revoked his own order trasferring custody of a child in foster care to a NON-SMOKING grandma because of a hysterical caseworker who thought the child smelled like smoke after she'd returned from a visit. It took months to fix that mess.

13 posted on 09/26/2006 5:04:50 PM PDT by sweetliberty (Stupidity should make you sterile!)
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To: Responsibility2nd
Yeah, second hand crack smoke might be bad. I think they should form a committee to determine whether or not a study is required.
:)
14 posted on 09/26/2006 5:06:03 PM PDT by kinoxi
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To: Responsibility2nd

Forcing a child to breath smoke is abusive behavior.


15 posted on 09/26/2006 5:06:55 PM PDT by Raycpa
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To: Responsibility2nd

Maybe Tammy smoked due to P.P.S.D. aka Post Primary Spouse Dysfunction. Some other side effects to a bad marriage can be pulling out of hair, pacing and staying away from home for long periods of time.


16 posted on 09/26/2006 5:07:20 PM PDT by mingwah
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To: sweetliberty

It can be ridiculous.


17 posted on 09/26/2006 5:07:30 PM PDT by kinoxi
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To: Raycpa
Forcing a child to breath smoke is abusive behavior.

So, you are in favor of removing all children from homes where the parents smoke?

Geez!!!

18 posted on 09/26/2006 5:09:40 PM PDT by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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To: Responsibility2nd

I hate the arbitrary nature of Family Court decisions, but I'm happy to see custody of a child awarded to a father for a change. Yes, even though I'm a woman. Fathers' rights are horribly abused in this country.


19 posted on 09/26/2006 5:12:15 PM PDT by Fairview
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To: Fairview

You picked up on a very good point. Usually a mother would have to be a mass murderer (or worse) in this country in order to lose custody. As has already been wondered somewhere in this thread.... There must be something else going on.


20 posted on 09/26/2006 5:14:26 PM PDT by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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