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

Asked about 2 years ago - 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.

Attorney answers (4)

  1. Virginia Giselle Alvarez

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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... more
  2. Michael J. Catalfimo

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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.
    DISCLAIMER: The foregoing is not intended to constitute legal advice, or to create an attorney-client relationship between us (See paragraph 8 of Avvo Terms and Conditions of Use). It is offered, instead, as general legal information relevant to the issue(s) raised in your question. Legal information is not the same as legal advice (i.e., the application of law to an individual's specific circumstances). If you desire to obtain legal advice, you should retain the services of an attorney to represent you. If you choose to act upon the information provided above without first retaining an attorney, you do so at your own risk.

  3. Eric Edward Rothstein

    Contributor Level 20

    Answered . 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.... more
  4. Lawrence Allen Weinreich

    Contributor Level 18

    Answered . 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.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish.

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

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