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Monday, January 14, 2013


Our office has been successful in San Francisco Bay area courts requiring smokers to not smoke in their vehicles and not smoke in their homes, or on their decks when children are in the care of a smoker. Clearly, the modeling that goes on when a parent chooses to smoke while raising children is counter intuitive. It sends the lesson that I do not care about my health, my children’s health or that of others who may breathe my second hand smoke.  It sends the false message that the dangers of it are not going to happen to me.  It may send the message that it is necessary to relax or be cool. It provides opportunities for children’s access to harmful addictive tobacco.

Secondhand smoke, also called environmental tobacco smoke (ETS), can have an impact on child custody decisions. The possible consequences of parental smoking in a custody case can range from termination of parental rights or a change of custody and restrictions on visitation to the smoking parent receiving custody with smoking restrictions and a requirement for follow up reports to the court.
 First, here are a few facts about secondhand smoke that courts have already taken judicial notice of.
  • Secondhand smoke consists of mainstream smoke exhaled from a smoker's lungs and sidestream smoke that comes directly from the burning tobacco.
  • Secondhand smoke comes from all tobacco products, including pipe tobacco and cigars.
  • Secondhand smoke is a Class A carcinogen. That puts it in a class with 15 other substances, including asbestos, radon and benzene, that are known to cause cancer in human beings.
  • Secondhand smoke contains 4,000 substances with more than 40 of them known to cause cancer and many of them known to be strong irritants to human tissues and organs. Examples of these substances are: carbon monoxide (CO), ammonia, nicotine, hydrogen cyanide, benzo[a]pyrene, dimethylnitrosamine, tar, formaldehyde, and beta-naphthylamine.
  • The chemicals in secondhand smoke damage cell DNA.
Here are a few facts about how involuntary smoking, or passive smoking, effects children:
  • Children, especially infants and toddlers, exposed to secondhand smoke have more lower respiratory infections, such as bronchitis and pneumonia, and are more likely to be hospitalized during the first two years of their lives for a serious lung problem.
To continue viewing this article by smartdivorce.com please click below:http://www.smartdivorce.com/articles/smoking.shtml

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

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