The possible consequences of parental smoking in a custody case can range from termination of parental rights or a change of custody and restrictions on visitation to the smoking parent receiving custody with smoking restrictions and a requirement for follow up reports to the court. First, here are a few facts about secondhand smoke that courts have already taken judicial notice of. Secondhand smoke consists of mainstream smoke exhaled from a smoker's lungs and sidestream smoke that comes directly from the burning tobacco.
Secondhand smoke comes from all tobacco products, including pipe tobacco and cigars.
Secondhand smoke is a Class A carcinogen. That puts it in a class with 15 other substances, including asbestos, radon and benzene, that are known to cause cancer in human beings. Secondhand smoke contains 4,000 substances with more than 40 of them known to cause cancer and many of them known to be strong irritants to human tissues and organs. Children exposed to secondhand smoke are more likely to have reduced lung functioning and symptoms like coughing, sneezing, excess phlegm, wheezing, stuffy nose, headaches, sore throat, eye irritation, hoarseness, dizziness, nausea, loss of appetite, lack of energy, or fussiness. Children exposed to secondhand smoke are more prone to middle ear infections.