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Help, my husband is cont. tobacco to my daughter, his step daughter.

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Dorey

Junior Member
I need legal advise on how to handle this. I again caught my husband giving my daughter cigaretts and he lied about it. This has been an ongoing battle and he knows this and does it anyway.
I am fed up, today was the last straw.
I am about to tell her father, and this marriage is about over.
What legal grounds do I have to add this to the divorce, my only problem is, the house is in both of our names, so now what do I do?
What type of divorce can i file for because this problem has gone on too long.
 


Maybe I'm taking it too far here, but if somebody was handing smokes out to my kid, I'd call the police.

It's a misdemeanor here. In other places you can be fined or lose your license... But you didn't post a state, which is why they ask you "WHAT STATE?"
 

Antigone*

Senior Member
I need legal advise on how to handle this. I again caught my husband giving my daughter cigaretts and he lied about it. This has been an ongoing battle and he knows this and does it anyway.
I am fed up, today was the last straw.
I am about to tell her father, and this marriage is about over.
What legal grounds do I have to add this to the divorce, my only problem is, the house is in both of our names, so now what do I do?
What type of divorce can i file for because this problem has gone on too long.
Your grounds are that he is supplying your child with a substance that is not legal for her to have.

I suggest you get a good divorce attorney.
 

mistoffolees

Senior Member
Hey, not my fault you didn't read her location ;)


OP, how OLD is your child?
That was what I wanted to know. We don't even know if the child is a minor at this point.

But to answer OP's question, giving cigarettes to a child does not appear to be grounds for divorce in VA:
Virginia Divorce Source: Grounds for Divorce: Virginia

Looks like they're probably going to have to go the 1 year separation route if the child is a minor, 6 months if not.
 
Okay, first: *facepalm*

Then: It's his step-daughter...so they only have to wait 6 months if no children are born of the marriage.

And: There's no fault divorce in VA, so if he agrees and you've got $250 or so then there you go.
 

mistoffolees

Senior Member
Then: It's his step-daughter...so they only have to wait 6 months if no children are born of the marriage.

And: There's no fault divorce in VA, so if he agrees and you've got $250 or so then there you go.
On re-reading it, it does look like it may be the stepdaughter, although the wording isn't 100% clear (when I first read it, she was going to tell the father that the marriage is over).

In any event, no-fault divorce in VA requires a waiting period - 12 months if there are minor children of the marriage, 6 months if there are no children-that's the point I was trying to make.
 

stealth2

Under the Radar Member
I need legal advise on how to handle this. I again caught my husband giving my daughter cigaretts and he lied about it. This has been an ongoing battle and he knows this and does it anyway.
I am fed up, today was the last straw.
I am about to tell her father, and this marriage is about over.
What legal grounds do I have to add this to the divorce, my only problem is, the house is in both of our names, so now what do I do?
What type of divorce can i file for because this problem has gone on too long.
My understanding is that it is Hubby's stepdaughter, and she's ready to tell the girl's Dad about the smoking. Of course, if he didn't already know, and the problem has been going on for too long? I'd expect Dad to file for custody immediately.

Interesting, though... it's stepdad's fault the girl is smoking - nothing about what consequences the girl is facing...
 

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