If you believe they are endangering your children, you should immediately call Child and Family Services to report the problems. (800) 540-4000
If DCFS does not believe the problems are great enough to intervene, then you can make a request for order that there be no smoking in the home or vehicles while the children are present; no drinking while the children are present and for 8 hours prior to being with the children. If you can show that there is a problem, it is likely that a judge would make the order. I can't say that a judge would make the order for certain because this is a fact specific situation and because every judge is so different. Some judges brush off everything and others take such things very seriously when it comes to children. If you have evidence, be sure to attach it to your pleadings in the form of an exhibit.
Good luck. I hope you get the order as your children deserve to live in a safe, smoke-free home.
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Not exactly. You can file to have to have the kid live with you or to restrict or supervise the mother's time but you can't throw him out of the house. Sounds like you should be talking to an attorney.
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