Action on Smoking and Health, an anti-tobacco organization, has reviewed thousands of child custody cases to see what effect smoking has on a parent's chance to gain custody of their child. According to ASH, a minimum of 18 states cited that smoking is a matter that should be considered when taking on a child custody case.

The findings went further; they show many courts have ruled that a parent cannot smoke within the presence of their child, with an emphasis on this provision being placed when the parent and child are in a vehicle.

Other child custody cases have hinged entirely on a parent's smoking habit. In Georgia, a woman had the custody of her child revoked after it was determined that she had been smoking in the presence of her child. Branding the incident "insufficient concern for the child," a state court promptly took action.

Far-reaching impact of smoking on a child custody hearing involves two parents who don't smoke at all. Say a grandparent or significant other that is close to the child's life has a habit of smoking. That scenario could make a judge decide in favor of the other parent.

Smoking is just one of many complicated issues that go into any child custody hearing. Ultimately, when the dispute goes to court, a judge is trying to determine what is best for the child at hand. In the eyes of a judge, second-hand smoke could be reason enough to award more or total custody of the child to the other parent.

Since there are so many scenarios to consider when trying to garner a favorable child custody ruling, bringing in an experienced attorney with knowledge of intricate family laws could prove vital in your case.

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