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.
They should both be made to live in Nebraska as punishment for screwing up their children, and being selfish not living closer. If they couldn't make a marriage work long enough to raise children until they finished their schooling, they should have stayed closer for the kids sake..
That said I have been divorced twice getting kids in both marriage, .. Go figure, at least I cook a great dinner every night, the kids were smart.. they each had the mothers' good looks and brains and my impeccable palate.. :)
Thanks for the ping!
A woman gets screwed by the child support system? Color me unsympathetic.
You may be right, but it's a long complicated story. In this particular case, it probably works out better for everyone concerned. It was a VERY ugly situation.
And good for you. It sounds like you did right by your kids. Good looks, good brains AND good taste. There are rewards in life!
Now it's on.
I am a smoker married to a non-smoker. I am concerned about my breath. I do quite a bit to stay "fresh", but I wondered if it was enough. I kissed my hubby one day then asked him how my breath was. He said that it smelled like it always did... mint. I pressed and he said that I never had bad breath.
It can be done.
Good one! lol!
"Forcing a child to breath smoke is abusive behavior."
Yep, let's remove all children from homes that take their children to fall bonfires, those that burn candles in power outages, those that have fireplaces and those that take their children to summer BBQ's.
"Perhaps the fact that a parent knows that it is a factor, but insists on continuing to smoke, suggests less concern for the child than oneself."
The divorce alone should suggest the selfishness of both parents. Of course, I am assuming that the father was not abusive which must be a safe assumption considering the judge's decision to award him custody.
You said: The divorce alone should suggest the selfishness of both parents. Of course, I am assuming that the father was not abusive which must be a safe assumption considering the judge's decision to award him custody.
***
Your point is well taken. I wonder who initiated the separation and the divorce, and on what grounds? That would be very much a factor in my mind, although the primary factor is the best interest of the child. I'd also want to know the reason why one parent decided to leave the area.
I'm sure that fact will never be known to us and that is regretable.
Perhaps, if that indeed happened.
Judge Royce Lamberth lambasted the EPA a few years ago for tailoring facts to meet their preconcieved notion in their report on secondhand smoke.
Long story short: Despite what you may hear in the media, their is no scientifically proved link that second hand smoke is harmful.
I never claimed there was.
Correction:
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