Child custody is an issue that is very important to talk about. It is particularly important to discuss the decisions that you or the other parent may make that could impact your child’s health.

One of those decisions is to continue smoking. Smoking is a known hazard to children, even when it’s secondhand. Can your decision to smoke affect your custody rights, though?

Smoking could affect your custody plan in some cases

Your child’s health and well-being are the most important factors in your custody case. If you can show that one parent is smoking in the home or causing your child to struggle with their breathing because of smoking, then you may have a case to limit custody so long as smoking is an issue.

Children with certain health conditions, like asthma or cystic fibrosis, for example, may not be able to live in a home with a smoking parent without having real, life-threatening responses to the smoke. It’s important to consider your child’s specific health needs to determine if smoking cannot be allowed around them at any time.

Understand that anything that negatively affects your child’s health could impact your custody case. If you smoke and want to have custody of your child regularly, not smoking in the home or your vehicle is one option. You may also want to try to quit so that this is no longer a factor that could impact your custody rights.

Your attorney will talk to you about how smoking could impact your child custody case, so you can prepare for any questions and concerns that come up.