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My ex-wife’s boyfriend smokes cigarettes, and my child has asthma. Should I be awarded custody?

Cigarette, cigar, or pipe smoking can have extremely serious effects on a child’s health condition, especially if that child suffers from a respiratory disease or syndrome such as asthma. However, in the absence of direct proof that the smoking is harming the health of the child, smoking alone will not bar that parent from being awarded custody. Smoking will only be considered as a factor in the custody decision. The judge will most likely order the smoker not to smoke while the child is present, which will make this factor completely irrelevant.