Rancho Cucamonga, CA asked in Family Law for California

Q: My ex-husband is smoking cigarettes in the car with my nine-year-old son...what can I do?

My son was on a visit with the other parent and he came home reeking like cigarettes. I asked him why he smelled like smoke and he said the (other parent and girlfriend) were smoking cigarettes in the car with him. He also has told me in the past that they vape in the car also...Isn't it illegal to smoke with children in the car regardless if it is in motion or not? The other parent wants to take my son for part of winter break but after this, I am very worried about the well-being of my son and don't want him to go...What can I do? We have not followed our court orders since the other parent has moved back into the state of California and now lives three hours away from us now. We live in Northern California, however, our case is in San Bernardino County. The other parent has not been consistent with a schedule, they just ask me to see him occasionally during the weekends. If I am worried about the well being of my son, can I tell him no and take this back to court?

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1 Lawyer Answer
Mike Darlington
Mike Darlington
Answered
  • Shingletown, CA
  • Licensed in California

A: You probably need to file a Request for Orders asking that the father be ordered not to let anyone, himself included, to smoke or vape in his presence or in the home in which he lives, or the vehicles used for his transportation. You will have to go court in San Bernardino where the case is currently located. The fact that there is vaping going on would probably qualify as an emergency; but the standard is different in each court. Contact a family law attorney that practices in San Bernardino to help you out with this situation. Good luck.

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