How does parental papers about smoking work in New York state?
Question:
I have paperwork that days my daughter is not allowed around smoking when in my custody. I live with my parents right now and they smoke in the house when she is not here. When she is here they go outside and respect the paper work. Is that ok or not
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Answer:
You are bound by the court Order in place regardless of where or with whom you reside. While the provision you reference may be subject to some interpretation, if it says simply “smoking is not allowed around the child while in [your] custody,” it would be your responsibility to ensure not only that you do not smoke in the presence of the child and that you do not allow 3rd parties to smoke in the presence of the child (inside or outside). If you have questions about the specific language of your Custody Order, then I suggest that you consult with an experienced local attorney who can go over the specific provisions with you.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, one of our experienced Saratoga Child Custody Attorneys. This does not consent an attorney client relationship.
