Just-Legal
Goth Flufflet
- Joined
- Feb 24, 2001
- Posts
- 4,075
So I either quit smoking or never get divorced >.<
http://www.metro.co.uk/news/article.html?in_article_id=22284&in_page_id=34
A mother has lost custody of her six-year-old son because she smokes.
Judges ruled that Tammy Pierce's exhusband Joel should raise the couple's only child because of the mother's 20-aday habit.
They said that, while both parents had provided son Joel Junior with a 'warm, loving home', Mrs Pierce's habit had to be the deciding factor.
After the ruling – thought to be the first of its kind in the US – Mrs Pierce, 32, said: 'I am a good, caring and loving mother and now my heart has been broken. I really can't bear to smoke any more.'
Mr Pierce, also 32, told the court his son's clothes always smelled strongly of smoke after staying with his mother.
And he claimed a doctor advised him the smoke might have caused some of his son's illnesses, such as ear infections.
The court cited various health reports which link second-hand smoke to respiratory illnesses.
The three-judge panel said a parent who smokes was a 'proper factor to consider when making child custody determinations'.
After the judgment, Mrs Pierce was forced to take her son out of school and send him to live with his father, more than 2,000km away in Ohio.
Former nurse Mrs Pierce, who has since remarried and lives in Sanford, Florida, now sees her son only during school holidays.
'I never once smoked in front of Joel or even in the house,' she said. 'I have cared for Joel from the moment he was born.
I never once dreamed there would be a day when a court would tell me I couldn't look after him.'
Mrs Pierce is planning to appeal.
http://www.metro.co.uk/news/article.html?in_article_id=22284&in_page_id=34
A mother has lost custody of her six-year-old son because she smokes.
Judges ruled that Tammy Pierce's exhusband Joel should raise the couple's only child because of the mother's 20-aday habit.
They said that, while both parents had provided son Joel Junior with a 'warm, loving home', Mrs Pierce's habit had to be the deciding factor.
After the ruling – thought to be the first of its kind in the US – Mrs Pierce, 32, said: 'I am a good, caring and loving mother and now my heart has been broken. I really can't bear to smoke any more.'
Mr Pierce, also 32, told the court his son's clothes always smelled strongly of smoke after staying with his mother.
And he claimed a doctor advised him the smoke might have caused some of his son's illnesses, such as ear infections.
The court cited various health reports which link second-hand smoke to respiratory illnesses.
The three-judge panel said a parent who smokes was a 'proper factor to consider when making child custody determinations'.
After the judgment, Mrs Pierce was forced to take her son out of school and send him to live with his father, more than 2,000km away in Ohio.
Former nurse Mrs Pierce, who has since remarried and lives in Sanford, Florida, now sees her son only during school holidays.
'I never once smoked in front of Joel or even in the house,' she said. 'I have cared for Joel from the moment he was born.
I never once dreamed there would be a day when a court would tell me I couldn't look after him.'
Mrs Pierce is planning to appeal.