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Custody Change Requested - Second Hand Smoke

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DonnaWright

Junior Member
What is the name of your state?What is the name of your state? MARYLAND

I filed for a change of custody of my 11 year old daughter. She is currently living with her father and step-grandmother, and both of them are chain smokers. She has now developed Asthma and has difficulty with sports because of breathing problems. I don't smoke. The judge just denied my motion (pro se) for a hearing and I attached medical proof of her asthma! What can I do now?
 


stealth2

Under the Radar Member
What does Dad say about the medical issue? Your only recourse at this point may be in trying to get him on board with keeping the smoke outside.
 

casa

Senior Member
DonnaWright said:
What is the name of your state?What is the name of your state? MARYLAND

I filed for a change of custody of my 11 year old daughter. She is currently living with her father and step-grandmother, and both of them are chain smokers. She has now developed Asthma and has difficulty with sports because of breathing problems. I don't smoke. The judge just denied my motion (pro se) for a hearing and I attached medical proof of her asthma! What can I do now?
You could only prove the child had asthma...not that the asthma was a result of smoking around the child. That, combined with the fact that there was a reason you don't have custody to begin with (ie; courts don't like to change an existing custody order), is likely why your motion was denied.

Something like this requires an attorney, AND you need to see if you can prove the asthma is a direct result of being around smoke. (some children have asthma and non-smoking parents) It's medical knowledge smoking is terrible for asthmatics, but that can be remedied by amending the custody order to reflect the child is not to have smoke around her or in her home at all times. Then you'd need to prove the father/grandmother were smoking around her/in the home regardless and establish it's endangering the child.
 

DonnaWright

Junior Member
Maryland.

You are correct. The reason custody was changed to begin with was all my fault. Those issues are corrected and have been for 3 years. However, I do not smoke. Her father's whole mentality is that he doesn't care whether it affects her or not. My statements are that she did not have asthma prior to living with him, and developed it shortly afterward, and has since been transported twice to the E.R. from school because she had two separate attacks, one of them just yesterday.

I spoke to an attorney yesterday and he stated that I should have filed a show cause order, which I have drafted up this morning. I have requested the medical records from the hospital for yesterday's fiasco.

By the way, do you know how old a child has to be before he/she can have a say in court?
Thanks.
 

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