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.
I am really surprised. Since smoking is legal I just don't see where there is a legal leg to stand on here. They should share custody, period.
But it is a very scary counterbalance.
My husband is some weird combination of Libertarian and Lefty. Thank goodness for the Libertarian aspects, because that makes me think there's still some hope for him, LOL!
I just love it when I catch him agreeing with me about some topic. It's all in the phrasing, actually. And don't get him started on property and gun rights and CC, LOL!
What the HELL is a 'Carter Republican?' Is that the year you "saw the light" or something?
Forcing a child to breathe exhaust from your car is also abusive behavior.
Don't knock it until you've tried it.
How can they share physical custody if Mom lives in Florida and Dad lives in Ohio? The child has to be able to go to school somewhere, which is why the mother asked the court to determine who should have physical custody. There was always going to be a winner and a loser no matter what or how the court decided.
Your entire commentary was VERY WELL stated. I know exactly what you are talking about when it comes to the diets of children.
We have an 8yo daughter, I turned 46 this weekend and my husband is 5 years older than I am. The mother of her best friend is in her 20s and that child spends a lot of time here (and mine spends a lot of time at their house). My daughter goes for celery sticks and peanut butter or carrots and blue cheese dressing as an afternoon snack as much as she goes for cookies, her friend is the same way.
There are still some of us moms out there who do feed our kids veggies - heck we even have them help plant them, weed them, harvest them and cook them :)
Who was it that said smokers are idiots and child abusers???????
I'm thinking Iraq.
Lots of future opportunities for freedom-loving capitalists there.
They also get to smoke anywhere they damn-well please (including govt. buildings), and every household gets to have and hold an AK-47.
Sounds good to me.
You're both my heroes!!!!!!!!!!
Agreed. Though sometimes both parents really are good and choosing which of them the child should live with is almost a coin toss. In general I believe that boys should be given into the custody of their fathers if possible (that is, if both parents are working and the mother is not going to stay home with the child, which seldom happens after divorce).
To be honest I don't think that smoking around children is a good idea. I've seen far too many kids whose allergies or asthma were made worse by the dirty air. It's not grounds to lose custody of the child unless the child really does have asthma and the smoking parent resolutely refuses to stop. I've seen cases like that, too: one twelve-year-old who used to end up in the emergency room, blue from oxygen deprivation, because Mom and Dad couldn't stop smoking in a closed car. Now that is selfish.
I totally agree. And my position has absolutely nothing to do with the fact I smoke.
The bogus crapola of the anti smoker cartel is such that I am awaiting them to claim SHS exposure aids in headlice infestations.
My comments were to address the single parent household mostly. I've personally witnessed over the years dozens and dozens of children who are not fed a proper diet by mothers/fathers who have custody of a child after a divorce. I am of the opinion that this issue is more important than the smoking issue, which I, like you, believe should not be an issue when determing custody.
ROFLMAO!!!!!!!!!!!
I was 16 years old and assigned the role of Gerald Ford in the American History class mock debate. I so wanted to be Jimmy Carter........
Then I started doing research. After it was over, and I ripped the girl who went on to be the class valadictorian the year before I graduated, a new youknowhat, the teacher's only comment was "Gabz, I assume you are going into politics." (yes, I was called Gabz even 30 years ago)
When I was able to register to vote 2 years later, I registered as a Republican.
The only loser is the child.
I actually know a couple who does that...one family lives in Washington, the other in California.
One family has the kids during the summer and all school holidays and vacations including long weekends. The other has them during official school days.
They called it "joint custody, " so I assume that is what it is called legally? To be honest, I really don't know much about this, so I'm only working from anecdotal information.
Amen to that. Like I said, I don't know that much about this kind of thing. That said, this story is very odd. And even odder if the press actually reported it accurately!
Politics used to entail ensuring the security of the state or nation by funding the military, passing laws for the safety of citizens and the stability of our society, and deciding courses of action in foreign relations and trade.
When the heck did Politics infect every last aspect of a human beings life from cradle to grave? Oh, yeah, when liberals got involved!! I think it's got a bit out of hand, IMO.
LOL!! I have learned...
Gabz is taller than all of us...thinner than all of us...more happily married than all of us...and if you read down a few posts...her kids eat celery sticks. Gabz is pretty satisfied with herself...and she reminds us every day...constantly...constantly...constantly.
Nobody said the child was forced to breathe smoke at any time, just that the mom smoked. Don't add garbage to stated facts.
I am in 100% agreement with you.
I also agree with you that boys should stay with their fathers if possible...............although in the case of my ex-husband, it's a danged good thing he didn't question their mother getting custody, and the same goes for his middle son who never questioned mom getting custody.
OTOH, if (God forbid) something were to cause my husband and I to split, there is no doubt in my mind custody of my daughter would go to him and there would be no arguement from me..........he is the better parent. There is no question in my mind about that.
I'm the SAHM and I deal with the girl scout stuff and the calls from the school nurse (like I got today) and all that, but daddy is daddy and the man has the patience of a saint (he must, he's put up with me for 18 years)
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