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Can I request the court to order my ex's boyfriend to NOT smoke around my son?

Highland, NY |

My ex has been allowing her boyfriend to smoke in the car when they come to pick up my son for custody visits.I asked her nicely not to allow it and she told me it was none of my buisness and I could do nothing about it. That since It's not against the law he isn't doing anything wrong and for me to shut my mouth and mine my own buisness. Can I ask the courts to order that no body smoke around him? She also has two other children that she is allowing to be exposed to this. A older son and an infant.

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Attorney answers 4


I understand your frustration. If your child has a health condition such as asthma get a medical note and request again. If you bring a petition for this the court may not be very amenable. Have you expressed your concern to your ex?

The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.

Virginia Giselle Alvarez

Virginia Giselle Alvarez


Sorry just noticed your ex response. If you can show a medical issue perhaps


You can ask for anything you want... that doesn't mean a Judge will order it. I'm with you though .... I would not want people smoking around my kids.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.


The answer is yes you can. At this point there are many court deciions regarding smoking being prohibited around children. This becomes even more imperative if there are health issues. Speak to an attorney in your area to begin the process.

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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


Yes, you may ask the court to make an order of this nature. A New York Family Court Judge I appear before often, routinely includes a provision in his orders which prohibits each parent from smoking in the presence of the child(ren), or permitting a third person to do so. If your child's pediatrician will write a note in support of you request, it would be helpful.
One thing to remember if you decide to make this request: If your Ex has any complaints about you relative to custody, visitation or child support, the filing of your petition will likely prompt her to assert those complaints against you in a petition of her own.
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