JUDGE TELLS MOTHER: QUIT SMOKING OR DON'T SEE YOUR KID

A judge in Rome who is handing a custody case has told the mother in the case that she has to quit smoking if she wants to see her son. Her son is 13 years old and is against second hand smoke. The judge says she has to completely quit smoking. She's not even allowed to smoke in the privacy of her own home even if her son is on the other side of the country. Her soon to be ex-husband is quite pleased with this. The mother says she will appeal.

Now I don't see how a judge can do that. Smoking is not illegal. Why should she be penalized for smoking?? How is it fair that she's not even allowed to smoke in her own house when her son isn't even there?? I think this is a violation of her rights and the judge is ordering her to give up a right she has. If smoking was illegal, or if she was a heavy drinker I could see the point but neither of those are the case. What is this ruling going to do in future custody cases?? It sounds to me that since they can't make cigarettes illegal they're going to MAKE you quit or take away your children.

My husband smokes, I hate that he does but that doesn't mean he should be told he HAS to choose between children we will have and a habit he's had for over 16 years. Some people have a hard time quiting and can't quit just like that. My husband tried quitting awhile back, he lasted a couple days but just couldn't do it yet. He's using filters now to help him quit and hopefully it will get him to quit. They don't work overnight though. Neither do those nicotine patches. Should parents who smoke just not see their kids until they DO work??

What is this judge saying with this ruling?? "You have to quit, I don't care how, just do it or say good bye to your kids."

Consider this: If a parent abuses their child, usually the child is allowed to stay with that parent. Either for lack of evidence of the abuse or the parent says they've changed and are getting counseling OR social services think thinks an abusive parent is better than no parent. Some children are abused for years with nothing done to help them and the children are forced to stay with them. Yet a woman who is probably a good mother and smokes, she's not allowed to see her son because she smokes. Where is the justice in that??