de Beni Souza v. Kallweit

A Sacramento judge in a custody case issued an interim order requiring a mother not to smoke in the presence of her five-year-old son.  The father, who is seeking to retain 50 percent custody, had complained to the court that the mother’s smoking was hazardous to the boy’s health.  See “Woman Ordered Not to Smoke Around Her 5-Year-Old Son,” San Francisco Chronicle, August 16, 1990, A6; “The Custody Case That Went Up in Smoke,” Newsweek, August 27, 1990, 66; and Wendling, V., “Smoking and Parenting: Can They Be Adjudged Mutually Exclusive Activities?” Case Western Reserve Law Review, 1025-1068, Summer 1992.

No. 807516 (Sacramento Cty. Super. Ct., 1990).