New Jersey courts may consider cigarette smoking and exposure to environmental tobacco smoke during child custody and parenting time decisions. Courts will consider whether smoking negatively impacts the child’s overall health, safety, and well-being.
Can Smoking Impact Child Custody in New Jersey?
Yes, in New Jersey, courts may consider smoking cigarettes a child custody issue in the event that exposure to environmental tobacco smoke harms or negatively impacts a child. New Jersey courts typically consider:
- Asthma symptoms
- Respiratory issues and ailments
- Allergies
- Chronic coughing
- Secondhand smoke exposure
- Compliance with the child’s medical recommendations
Smoking cigarettes alone is not enough to automatically determine custody outcomes. Like all other factors considered in custody matters, cigarette smoke will not result in a parent automatically losing custody, though it may be considered in conjunction with other factors.
What is Environmental Tobacco Smoke (ETS)?
Environmental tobacco smoke (ETS), more commonly referred to as secondhand smoke, is smoke inhaled by those exposed to cigarette smoke in the home, vehicles, or other enclosed locations.
Why Is ETS Important in Child Custody Matters?
New Jersey courts consider ETS exposure a health and safety risk. Ultimately, this may impact the best interests of the child, which is the standard used by courts throughout the state to determine custody matters. As such, the courts will consider if ETS exposure contributes to:
- Asthma attacks
- Respiratory illnesses
- Allergic reactions
- Chronic coughing
- Upper respiratory irritation
What New Jersey Law Applies to Smoking and Child Custody?
New Jersey Child custody matters are determined in accordance with the “best interests of the child” standard under N.J.S.A. 9:2-4.
What Factors Do New Jersey Courts Consider in Custody Cases?
Courts in New Jersey will examine:
- The safety of the child
- If the parents are fit
- The physical health of the child
- Medical evidence related to the child
- Exposure to unsafe or hazardous environments
The courts generally require evidence that shows parental conduct has had a negative impact on the child.
What Did Unger v. Unger Say About Smoking and Child Custody?
Unger v. Unger is one of the most prominent cases in New Jersey that surrounds smoking and child custody issues.
What Happened in Unger v. Unger?
In the Unger case:
- Both parents agreed to smoking restrictions involving their children
- The custodial parent smoked in limited areas in the home
- One child allegedly suffered respiratory issues related to ETS exposure
- The father requested a custody modification on the grounds of health concerns
What Did the New Jersey Court Decide?
The New Jersey Family Court ruled that the child’s exposure to ETS can be considered a health and safety risk under the “child’s best interests” standard. To come to this conclusion, the court examined:
- The child’s medical records
- EPA findings related to secondhand smoke exposure
- New Jersey public health laws
- The testimony of expert medical witnesses
Must a Child Show Harm Before Smoking Becomes an Issue?
Generally, yes, the courts typically require evidence that demonstrates:
- The child suffers from a documented medical condition, AND
- Exposure to cigarette smoke can cause or worsen the condition
What Medical Conditions Are Linked to ETS?
Courts generally consider the following as conditions that may be linked to ETS:
- Asthma
- Chronic coughing
- COPD
- Difficulty breathing
- Respiratory infections
- Allergies
Can Smoking Restrictions Be Ordered in NJ Custody Cases?
Yes. In New Jersey, courts may impose restrictions on smoking as a means of limiting a child’s secondhand smoke exposure.
What Restrictions Might the Court Impose?
Restrictions may include:
- No smoking inside the home
- No smoking inside a vehicle
- No smoking in the child’s presence
- Exclusively smoking outside of the home
- Implementing air filtration systems
Depending on the child’s condition, the court has the broad discretion to impose more strict restrictions if necessary.
Can Smoking Lead to a Change in Child Custody?
It is possible for the New Jersey Courts to modify an existing custody arrangement if cigarette smoke exposure places the child in harm’s way or violates an existing court order.
When are Custody Modifications More Likely?
The court may order custody modifications when:
- The child suffers from asthma or other respiratory conditions
- Medical evidence shows ETS exposure has resulted in health problems
- A parent violates the smoking restrictions ordered by the court
- A parent has ignored medical advice related to smoking
Smoking, in and of itself, is generally not enough to modify a custody arrangement in New Jersey, as courts require evidence of harm.
Can Smoking by Other Family Members Impact Child Custody?
Yes, courts may consider smoking by other family members, including:
- Stepparents
- Romantic partners
- Members of the household
- Other individuals regularly around the child
Why Does Third-Party Smoking Matter?
New Jersey courts may consider whether the custodial parent failed to protect the child from harmful exposure to secondhand smoke in the household.
What Evidence Is Important in Smoking-Related Custody Cases?
Medical evidence is among the most influential documentation in smoking-related child custody cases in New Jersey.
What Evidence Can Be Used in Court?
Important evidence may include:
- The child’s medical records
- Asthma diagnoses
- Other respiratory evaluations
- Evidence showing smoking inside the home
- Violations of court-imposed smoking restrictions
- Allergy testing
- Testimony from medical experts
Contact an Experienced Child Custody Attorney Today
If you are going through a custody battle in which smoking is a relevant topic, working with the experienced team at Paone, Zaleski, & Murphy is imperative. We understand how complex family law matters in New Jersey can be, which is why we are committed to helping you. Contact us today to learn more.
