THE RIGHT TO REMAIN A PARENT

Denial of child custody to smoking parents in rancorous divorce cases is becoming a common theme. Between 1988 and 1993 at least 18 awards were called "smoking-related decisions." (1) And between 1993 and 1997, it's apparently kept pace, with rulings against smokers in Connecticut, Delaware, Minnesota and New Jersey. (2) Spite and vindictiveness are given their day in court as the parents of healthy children try controlling each others' lives with post-marital restraining orders: judges instructing parents not to smoke in their own homes--not only in the presence of, but even in the absence of their battled-over kids. (1, 2) The Circuit Court in Knox County, TN, has adopted a rule for all custody cases, and not just those in which the child has a health problem: "If children are exposed to smoke," said the court, "it will be strong evidence that the exposing parent does not take good care of them." The Circuit Court's rule led to a criminal contempt conviction plus a loss of visitation rights, for a father who smoked during a visit with his perfectly healthy daughter. (2) Not enough for John Banzaf, the Ashist who runs ASH. His next goal, he says, is to target intact families--ostensibly charging them with child abuse and neglect if they smoke in front of children who he deems "sensitive." (3) "Increasingly," he boasts, "it is possible for others...even a neighbor to file a complaint of suspected abuse...where the child has...hay fever, allergies, sinusitis...or even recurrent ear infections. At least 3 parents have lost custody of their children because of such complaints from the outside the home." (4)

(1) Philadelphia Inquirer, 3/20/94.

(2) AP, 4/20/97 "Smoking Can Be Factor in Child-Custody Cases."
(3) Los Angeles Times, 12/1/93.

(4) ASH press release 7/14/97