KGrow
Platinum
Reged: 01/27/06
Posts: 3098
Loc: Colorado
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You have a lot going on here. You should be having this discussion with your attorney, not with us. What has bearing in these cases varies with jurisdiction to the extent that advice we give may send you off on the wrong track. Visit a lawyer (or two) and get a relevant assessment of your case.
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mommaselina
New
Reged: 11/20/07
Posts: 15
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Thank You all so very much. I was getting slightly discouraged. The second hand smoke wasnt an issue when we divorced in 1997 but I along with the whole country have become more educated about that since then. Also, prolonged exposure has caused recurrent infections. Proving there is a link though??? not so sure. She protests it and asks her dad and stepmom to please smoke outside now that she is older. The dad simply states that she is not being fair to him, it is his house. I realize the dangers of it and so does she. My point is she is getting older and should have some say over her health too. If they refuse to stop poisoning her with cigarette smoke, she should be able to say I dont want to come over here anymore until you take that outside. I am going to speak with a few attorneys though and see where to go from here. Thanks for all your help, wish me luck!
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Nish
Platinum
Reged: 02/18/07
Posts: 1231
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Get a signed letter from her doctor stating that her health is affected by being in an environment where people smoke. This should come from the doctor who has been treating her for the various respiratory infections she has had this past year.
My son had reocurring sinus infections from the time he was 3 yrs on. Afer his 6th sinus infection, his doctor asked if either my husband or I smoked. We both did. He then instructed us not to smoke in either the house or our cars. He in fact stated that we shouldn't even smoke in our cars when he wasn't with us, as the affects from smoke can and do linger in the upholstery.
We certainly didn't mean to affect his health and stopped smoking in both the home and cars immediately. This was early on in regards to how 2nd hand smoke can affect others.
I do believe it can be brought up as an issue. Clearly it is affecting her health, and needs to be addressed.
Good Luck,
Nish
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Samsung
Platinum
Reged: 06/14/07
Posts: 2007
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"The dad simply states that she is not being fair to him, it is his house."
That is about the most selfish thing I've read here this year. Your ex sucks.
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mommaselina
New
Reged: 11/20/07
Posts: 15
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my thoughts exactly, thats why he is the ex of many other women as well as me. I also appreciate the advice on getting a letter from the doctor. I will contact him, it hadn't yet occurred to me to do this since i have been wrapped up in all of the details as a whole and trying to nail down a plan of action. Thanks so much everyone, you guys are very supportive!
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2143
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Forget about changing legal custody from joint to sole , instead concentrate on changing apportioned parenting time as it's not necessary to show a significant change in circumstances for those purposes . You should be able to seek more time for yourself especially if the court finds the child's wishes compelling .
2007) Change in circumstances need not be substantial for modification of custody to accommodate changes of scheduling parenting time between mother and father. Russell v. Russell, 210 S.W.3d 191 (Mo.banc).
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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mommaselina
New
Reged: 11/20/07
Posts: 15
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thank you so much!
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