In Ohio, there is no hard and fast rule that family court judges use when they make a child custody ruling. Instead, custody is decided based on a handful of factors which are known collectively as the "best interest of the child" standard. During the course of the best interest determination, the judge will examine several aspects of each parent's life and parenting style, along with several other factors, to find the best custody arrangement for the child and family.

It appears that more family court judges are considering health-related aspects of a parent's lifestyle more and more these days when making custody determinations. Recently, we wrote a family law blog post about a mother who had lost custody of her obese child because of his weight. In addition, a recent article indicates that a growing number of judges are factoring a parent's cigarette smoking into their custody ruling.

According to a survey conducted by anti-tobacco advocacy group Action on Smoking and Health, no court has ever ruled that tobacco smoke should not be a factor in a custody determination. In fact, in nearly 20 states, family court judges have ruled that subjecting a child to smoke should be considered when deciding which parent should receive custody or visitation of a minor child.

Further, smoking often becomes part of the actual custody rulings. In thousands of family court cases, judges have issued orders prohibiting smoking in the presence of a child, and some forbid parents from smoking in a home 24 or 48 hours before the child is scheduled to arrive. Some courts even consider the smoking habits of grandparents or other friend or family members when making custody orders.

In short, do not expect that your smoking will not become a part of your custody case, and be prepared to alter your habits in order to win time with your child.

Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012