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?
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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 Eric@RothsteinLawNY.com. 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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