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Second Hand Smoke and Child Custody Determinations - A Relevant Factor or a Smoke Screen?

9 Pages Posted: 1 Dec 2009  

Merril Sobie

Pace University - School of Law

Date Written: 1997

Abstract

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive shortitem medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes.

Suggested Citation

Sobie, Merril, Second Hand Smoke and Child Custody Determinations - A Relevant Factor or a Smoke Screen? (1997). Pace Law Review, Vol. 18, p. 41, 1997. Available at SSRN: https://ssrn.com/abstract=1515958

Merril Sobie (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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