Posted on 09/26/2006 4:45:06 PM PDT by Responsibility2nd
LISBON - A judges 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 sons clothes smelled strongly of smoke after being in Florida.
The father had said a pediatrician told him some of his sons illnesses, such as ear infections, were linked to the smoking.
Ping
smokey ping
FGS
I can live with it.
ya beat me to it.... ;^)
I have a hard time believing that cigarette smoking was the only factor here, would like more info.
Oops, I meant Gloria Allred.
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.
Who said anything about cigarette smoking here?
Heh heh.
I re-read the article... maybe mom was smoking crack.
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.
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.
Forcing a child to breath smoke is abusive behavior.
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.
It can be ridiculous.
So, you are in favor of removing all children from homes where the parents smoke?
Geez!!!
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.
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.
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