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.
why does this surprise you?......a few years ago, a young woman lost custody of her child to the father because she DARED to go to college, and the father pushed the fact that she couldn't be a full time mother, even though, HIS mother was going to be watching the child predominatly.....
Thank you for your kind words.
I know exactly what you are talking about in regard to the diets of so many children. And not just in single parent households. I can think of quite a few 2 parent households with a SAHM that rely on the frozen food aisle at the supermarket for 5 or 6 out of 7 nights worth of dinners. That happens, maybe, once a month in my house, just for a treat.
I guess I'll have to go back to my basic theory...there are no winners in custody cases, just losers.
I'll leave it at that.
Unlike you anti-smokers........
BTW, I'm not "pretty satisfied" with myself.....I'm PERFECTLY satisfied with myself. It is not my fault you are not 5'10" and less than 125lbs and your kid has an unhealthy diet.
It is also not my fault or my problem that you have such an aversion to tobacco smoke that you hate all smokers.........that's a personal problem, one that is all yours.
What if the parent only smokes outside of the home?
The liberal anti-smoke nazi's win again.
ANY child is better off living in a home where they receive love and nurturing. Picture this scenerio...the dad is a smoker, and the mom has an abusive/pedophile boyfriend or husband. Which is worse?????
I didn't say that smoking should be a primary factor- of course abuse would trump something minor like smoking. I'm saying minor things such as smoking should only be looked at when everything else is equal as a potential tie breaker, if you will. Of course, when fitness is equal between parents is indeed equal, you would prefer to have joint custody, but in a case like this one where the parents live in two different states, a choice has to be made.
To serious to ignore............
Court Bars Mom From Smoking Around Child
John Caher
New York Law Journal
March 25, 2002
I n an apparent case of first impression, a judge in Utica, N.Y., has prohibited a mother from smoking in the presence of her 13-year-old son.
What makes Supreme Court Justice Robert F. Julian's order in a visitation matter extraordinary is that he banned the parent from smoking even though the youth is neither allergic to cigarette smoke nor afflicted with a disease such as asthma that could be exacerbated by exposure.....
Ms DeMatteo's lawyer, Joan Shkane, said: "The father can request urine samples, air samples from her home and that's just another way he is intruding on her life. What they've done is turn Nicholas into a little informant."
no HOWEVER how about the fact this is OHIO vs FLORIDA residence?
Where were they married?
Where is the extended family?
Since this is an OHIO case the courts tilt to keeping the child in the jurisdiction.
This could not have been OOOOONLY smoking.
Sheesh is right.
After this woman left I was the only non-family member to help him clean out the house they had been renting. Some of the stuff I came across would make your hair curl, and I already had curly hair.........I was born with it :)
OOPS, I probably shouldn't have added that comment about the curly hair........it will just be added to the list of things I supposedly brag about constantly.............
They were divorced in Ohio so it must be they were married there.
There HAS to be more.
Jealousy is probably the ugliest of faults.
BTW, do you want to send the storm-troopers in to remove children from homes that have mold or excessive dust, neither of which have positive effects on the pulminary system?
Ste. Gabz and naturally curly hair too!!!
I know that and appreciate that very important fact - that all non-smokers are not anti-smokers.......there is vast difference in the 2 entitities.
OOPS, I probably shouldn't have added that comment about the curly hair........it will just be added to the list of things I supposedly brag about constantly.............
...don't worry...you found something else to brag about...constantly...constantly...constantly....
I looked up the decision, and apparently Mom's family is in Florida, and Dad's family is in Ohio. The decision does say where they married, but Mom filed for divorce in Ohio. It sounds like they were living in Ohio and then Mom moved back to FL to live with her family, but it isn't clear. The child lived equally with Mom and Dad, going back and forth between OH and FL, until he reached school age and Mom filed for physical custody so that he could attend school.
You're a real poodle! Good boy!
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