Can legal action be taken against an ex-spouse for exposing kids to second hand smoke?
353727
Not yet, but that day is coming.
736772
I'm no lawyer, but it sounds like you have a case.   Your neighbor has a right to smoke in his apartment, but I imagine that his rights end where your apartment begins.   \n\nTell your landlord that you're going to contact a lawyer to explore what legal options, if any, you have.    That alone could be enough to rattle his cage and make him do something about the situation.  \n\n.
602367
Carefully check out your local laws; check your health department to see if they have any advice. Where I live, in the U.S. in a rather conservative state, you can 1) file a lawsuit against the building since they are providing you heat or a/c contaminated by a carcinogenic substance; 2) sue your neighbors for creating a nuisance. Where I live yes, you are free to smoke yourself to death, but you have to contain your cigarette smoke to your unit or outside. \n\nPeople here are also signing petitions to prohibit smoking at all in their apartment buildings/condos. A fascist approach, yes, but they apparently feel it necessary to keep people's carcinogens outside of their own living spaces.
720301
I smoke, and I go out of my way to find a spot to smoke where no children (or anyone else, really) are around or a spot designated for smoking. I understand that second-hand smoke is harmful to children (and others); however, if I am in a designated smoking area and then someone comes around with their children, I am unlikely to move or snuff out my cigarette. Afterall, I was there first, and no one is forcing them to be there. \n\nOn the same token, I don't go to playgrounds to smoke. It's a matter of respect, in my opinion. I'll smoke in an out-of-the-way area out of respect for others, and usually I'll move if I find I am still too close to others. If someone comes into a *designated* smoking area with their children and begin to make a big scene complete with couching and hacking, I most certainly will not move.
50668
Yes, definitely. You are obviously doing this because you love them both and make her see this. Don't go on telling her to quit smoking because she'll only keep on doing this, she knows by now that it's bad for both of them, so try to make a compromise with her to make it alot healthier for her daughter even when she smokes. Like don't smoke when she's there, step outside or go to another room. Maybe in her own time she will quit smoking but make her understand that she can't continue smoking when her daughter is there.
205338
You need to protect yourself, and it seems you need to do it threw legal action. At this point she thinks she can walk all over you and you will do nothing about it. You need to show her that you are willing to what it takes to protect yourself and the kids. Good luck and don't take that crap.
806910
wedmd.com has some links that should help you. Just type in secondhand smoke and tasting in the search engine.
71973
well, almost certainly you would need to call your local police or sherriff's office, if you want to report her for a crime.. or the state family services board, if you want to help the children..  but i can't tell you how to do that since i don't know where you live.\n\nsorry!  guess they're doomed to a life of hardship and despair.
170677
Trouble alert ... trouble alert...\n\nIf he is being controlled by her, you will not be happy. If there are no children in the picture, simply confront your partner - his ex-wife has no say in how he runs his life (again, in absence of children, and even then, only in how it affects the children). Let him know that this is unacceptable and that you want it to stop.\n\nNot bringing up the subject is going to cause trouble. His ex-wife will constantly push until she meets resistance - make sure that the resistance is there at a level that **you and your partner** are comfortable with.\n\nAnother problem - is your partner allowing this to happen? I don't know your situation, but is he entirely over her? Him allowing his ex-wife to control him is odd.
807206
I went through this with my husband's ex-wife.  She flipped when we got together and tried to keep us from seeing his son.  She did some pretty horrible things at the time, but since has changed drastically.  \n\nAll your sister and brother-in-law can do is document everything and get the police involved is she is witholding the kids from him.  He needs to go above and beyond the call of duty to try and see them, for at least a while to prove that he cares.  I am sure he cares, but you need proof in court.  \n\nAdditionally, they need to stay tight lipped in front of the kids and never say anything negative about their mother in front of them.  That kind of thing has a way of affecting a child and coming back to haunt you later. \n\nThey just need to stick in there and lean on each other for support.  It is hard, but will get better eventually.
130745
Where in the world do you live?  I have never heard of a man being able to kick a wife and 3 children out of their home.  Have you talked to a lawyer, are any of your children also his biological children, if not you could have problems, bless the little children who have to go through emotional pain caused by care less adults.\n\nBlubla
171556
cops cannot legally take custody of a child from one biological parent and give it to another.  UNLESS the children are in danger.  \n\nHe needs to get a court date and fight for custody of those kids.  Also, those cops can get in trouble for taking the kids.  \n\nIf the house was his, the wife had no right or business having a key or allowing anyone else in the house without his permission.  \n\nHe needs to get a lawyer and do it soon!
319321
Yes!  Your first priority should be to your kids.  They aren't safe with your husband and you need to get them away now.  Call legal aid or see if you make payments to a lawyer.  Or see if in your state you can file on your own.  Make sure you have proof of whatever accusations you are going to bring up in court.  Document everything, it will help you later on.  Also depending on the ages of the kids, I would ask for supervised visitation due to him still talking to the perp.
878510
If you are outside can other people smell the smoke?  The answer is yes.  It doesn't matter what the conditions are in that room second hand smoke hurts not only the smoker but everyone around them.  It is my opinion that most (not all) smokers are inconsiderate of the way their habit affects other people.
740873
They just passed a law in a city near San Francisco that prohibits smoking anywhere but a totally detached home.  If you live in a townhouse or apartment it's against the law to smoke.  Next they will be in your home telling you what you can and can't eat.  It's effing ridiculous!
920077
use a common friend to get to your ex-wife. i think it's very noble of you to try to work things out among yourselves. if your ex-wife still refuse to accept the fact that you're actually doing her a favor by resorting to peacefull means, then you have no choice but to do whatever would be necessary for the sake of your child. you need not feel guilty then if the court decides in your favor because you have tried your best to warn her.
201595
of course.  as long as you don't do anything that would constitute a threat to any of the children, including your own\n\njust tell the principal he's got 2 minutes to have your child come down to the office or you're calling the police and a lawyer.\n\nyou could also go look for your child but then they could say you're a danger and call the cops on you.  good luck getting your kid back then.