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.
A non-smoking man hooking up with a girl that smokes? Highly unlikely. Kissing her would be like kissing an ashtray.
No, the mother lost custody unfairly because the judge based his decision on the fact she smokes and the father doesn't.
I'm a woman that has always supported the rights of fathers in divorce/custody battles........this is not one of them.
Wasn't he married to a smoker? hello! LOL!
When walking into the lion's den, it is a really, really bad idea to strap raw steaks over your entire body and yell "Suppertime, Kitties!"
It is impossible to know whether all factors were "equal."
But if so, this could be a tipping point issue. And it probably will be from here on out.
You said: I'm about done with this country, I want to get off.
***
Which country would you prefer?
Smokers now officially second or maybe third class citizens. I am no smoker, but this is beginning to go beyond stupid.
Anti smoking Nazis think everything smells like an ashtray if a cigarette has been anywhere near the home.
I went to a non smoking friends home and almost suggested that if they started smoking their home might not smell so much like cat shit.
I have been to many non smoker homes that stank of anti-stink stuff. A clean smoker beats a holier than though non smoker all to hell.
I totally agree with you.
As to this being a tipping point, I disagree.........this is not the first case where "tobacco use/smoking" has come into play in a custody battle.
The moon might be nice.
True -- it is interesting to see it as a counterbalance to the Court-supported Feminist Agenda (and I know you are against that).
Sadly, I think smoking may be a big millstone when the cort weighs custody factors.
And I say this as an ex-smoker (smoked for 30 years, quit 5 years ago) who understands both the desire to smoke and the right to do so.
You have a hard time beliving it?
Why? Don't you know that 2nd hand ciggie smoke is essentially the same thing as nerve gas and will instantly give children lung cancer? {sarcasm}
The scary thing is I'm not really exaggerating the liberal point of view much.
Hey! I just thought of something! If we want to get the libs to vote to invade Iran, let's just tell them they are growing lots of Tobacco there!
Seems to me it shouldn't even be a damned issue. You nanny-statists driving me absolutely nuts.
I agree that shouldn't even be an issue.
I smoke and along with the wife we have raised 6 normal, strong, healthy children.
Let me state what I think is a much bigger issue about child custody than smoking could ever be. That would be the one parent household where the children are raised on canned noddles, store bought microwaved pizzas, etc. I have seen plenty of this in my lifetime. Everything the kids eat comes in a box, a can or is some kind of snack food. Most, by the time they are 6 years old will not eat a fresh vegetable. Won't even try them because their mother/dad never cooks for them what they should be eating.
I won't even get into the part about the parent in custody teaching their kids that the other parent is a lowlife slug. These kids are so messed up by the time they are teens that nobody can straighten them out.
Where are all the child advocates when this is destroying the child physically and mentally?
So all the anti-smokers can preach what they want but there are many things much more harmful to a child than someone smoking in a household.
"Just the facts ma'am. Now did the judge ask the boy which brand he smokes? Maybe he would like try Chesterfields which is the brand I smoke. Two packs of 'em every day washed down with five pots of black coffee. It'll keep you on edge but you'll find your son will be able to stay up late to finish his homework."
I went to a non smoking friends home and almost suggested that if they started smoking their home might not smell so much like cat shit.
Wow, you just became my personal hero!
I have been to many non smoker homes that stank of anti-stink stuff. A clean smoker beats a holier than though non smoker all to hell.
True. I'm a non-smoker and never have been, but I find anti-smoking nazis to be some of the most arrogant, condencending, dictitorial people I've ever met. They make me sick.
I actually did say something along those lines to a friend of mine a few years ago. He smoked cigarettes, but his (now ex) wife was an anti-smoker of the first order.
This woman would have total coniption fits if she even so much as SAW a cigarette, yet didn't bother emptying, let alone cleaning the cat litter box that was kept in the bathroom used by guests.
Her reason for no-smoking in the house was because it would harm their then 8yo daughter.........but get this, the witch would light a joint without batting an eye with the child in the next room.
When he fought for, and eventually won custody of the child, after she moved to Florida her attitude was "fine, I never wanted the kid to begin with."
BS! The father's a pansy azz fairy and the kid's going to grow up to be the same, if he tkaes after him.
They did get divorced.........would be enough to drive me away...
Hope you don't mind but I saved your comments for future use on some of my anti-smoker friends. Great comments.
Unbelievable.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.