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45 Ariz. L. Rev. 801 (2003)
No Smoking around Children: The Family Courts' Mandatory Duty to Restrain Parents and Other Persons from Smoking around Children

handle is hein.journals/arz45 and id is 819 raw text is: NO SMOKING AROUND CHILDREN: THE FAMILY COURTS' MANDATORY DUTY TO RESTRAIN PARENTS AND OTHER PERSONS FROM SMOKING AROUND CHILDREN Judge William F. Chinnock* A man's home is his castle, but no one is allowed to hurt little children-even in his castle. I. INTRODUCTION A considered analysis of family law across the United States leads to this inescapable conclusion: a family court that does not issue court orders restraining persons from smoking in the presence of children under the court's care fails those children whom the law has entrusted to its care. A number of cases take judicial notice of the danger of secondhand smoke to children. Those cases recognize this danger is one of the best interests of the child factors that a family court should take into account when determining visitation and custody issues. The issue emerges when either a non-smoking parent raises the issue of the dangers of secondhand smoke to the child or if the child has a respiratory problem.' This Article demonstrates that under existing American law, a family court- on its own initiative and regardless of the health of the child-has a legal duty to consider the danger of secondhand smoke to children as a significant, possibly determinative (where child has health problems), factor in deciding issues of visitation and custody. To protect children under their care, family courts, as a matter of * Visiting Judge by assignment of the Ohio Supreme Court, 1999-present; former judge of the Cuyahoga County Juvenile Court, Cleveland, Ohio; former Adjunct Professor, Cuyahoga County Community College; Bachelor of Science, John Carroll University, School of Business, 1962; Juris Doctor, Western Reserve University School of Law, 1965. ** The research for this Article was conducted by Judge Chinnock before rendering his opinion in In re Julie Anne, 121 Ohio Misc. 2d 20, 780 N.E.2d 635, 2002-Ohio-4489 (2002). I. Jeffrey L. Hall, Secondhand Smoke as an Issue in Child Custody/lVisitation Disputes, 97 W. VA. L. REV. 115 (1994); Harriet Dinegar Milks, Annotation, Smoking as Factor in Child Custody and Visitation Cases, 36 A.L.R. 5th 377 (1996).