Man gets custody of child because mother is smoker. What do you think?
In a recent newspaper article, a father received custody of his child instead of the mother. The father lives in Ohio, the mother in Florida with her boyfriend. Both provided loving homes and equal incomes and had before been on a month by month basis, but the child needed to attend school and have a permanent address. So all other things being equal, the father was awarded custody because the mother and boyfriend smoked and this was affecting the childs health for example ear infections and respiratory problems. This was discussed in my college class and everyone was mad, one girl walked out. What do you think?
It is illegal in most States for parents to intentionally commit acts that harm their children. If there is documented evidence that the mother’s home was unhealthy and unsafe for the child, then the father would be given custody. Sometimes in this type of scenario, the Department of Social Services or Department of Family and Youth Services gets involved if the parents’ actions are causing health problems for their children. The mother may have been given a chance to rectify the problem and chose not to do so. Either way, there was apparently evidence that the environment was harming the child. By ignoring her responsibility to ensure her child’s health and welfare, the mother was negligent under the law. There is sufficient existing evidence right now that second hand smoke causes respiratory infections and cancer. The mother intentionally harmed the child by not changing the environment in the child’s best interest. In the scenario you described, the Court definitely made the right decision and there is enough case law to support the court’s decision, that the mother probably won’t get visitation in her home until she proves there is no smoking in her home. Often if there is a dispute over child custody, the court will appoint a guardian ad litem who’s sole purpose is to represent the child and make sure the child’s best interest is met. The guardian ad litem will look at all evidence in the case and will interview both parents, the child, and any witnesses to the situation. Based on all that, the guardian ad litem makes a decision based on what is best for the child. For obvious reasons, living in a smoky environment is not in the child’s best interest.
As for your classmates who got angry, with one girl walking out… it’s important to remember that this sort of case is based in law and the only way to approach it is with an understanding of the law. There is no room for emotional responses where the law is concerned. Letting one’s emotions rule one’s thinking does nothing for the client, nor the child who in this instance was neglected by the mother. It is important to develop logical progression of thought as a young adult, and logical thinking is invaluable in business, whether in law or otherwise as you go through life. Think of it this way. If everyone in the courtroom had gotten angry and walked out, how would the child have been helped? Judges and juries are not fools. Judges are educated, and jurors are not easily fooled. That is one of the reasons why the American judicial system works so well. But in order for it to work so well, people must adhere to the rule of law, and cannot do that if they give in to emotions and anger. Attorneys channel their anger and emotons into writing legal briefs that can convince the court to decide in their favor. Or they work at excelling in the court room and making convincing arguments on behalf of their clients so the court will decide in their favor. Anyway, good luck in college, and don’t get sucked into letting emotions rule your thinking.
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