both homes are equal in balance and security but the home with physical custody of a minor child subjects minor child to second hand smoke constantly. Minor child will be 13 soon and wants to live in non custodial parents home. There are no problems or bad history that would bar child from a custody change to non custodial parents home. Would this be something that could be accomplished based on childs wants and second hand smoke exposure alone?
Custody battles have certainly been initiated over less serious, less substantiated concerns than yours. Your chances of prevailing are going to depend on the history of your case, the disposition of the judge and how well each or you is represented.
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