The other parent smokes cigarettes around our child, what can I do?
Exposure of children to secondhand smoke may be a basis for consideration on a child's custodial placement. In fact, California Health & Safety Code 118947, et. seq. prohibits smoking a pipe, cigar or cigarette containing tobacco or any other plant in a motor vehicle where a minor child is present. This rule applies regardless of whether you have a family law case or not. As the research becomes more readily available regarding secondhand smoke, the Courts are taking additional protective matters to safeguard children. In addition, the California Labor Code 6404.5 prohibits smoking in enclosed places and in areas accessible to children such as public parks, restaurants and other establishments. Although there is no mention of the trending "vape pens" in either rule, it would not surprise me if the research later develops that serious health risks exist and similar laws are codified. Is your child being exposed to secondhand smoke? If so, contact the Law Offices of Paul Eads today so we can plan effective measures to safeguard your child.