Pierce v. Pierce

The trial court had awarded custody of the parties’ minor child to the father.  The court had found that both parents were good parents but awarded custody to the father because he and his new wife do not smoke, while the mother and her fiancé smoke heavily.  The Ohio Court of Appeals, Seventh District, affirmed the judgment of the trial court, ruling that it was “reasonable and, therefore, not an abuse of discretion.”  The Court of Appeals noted that the Ohio Supreme Court has “catalogued the risks secondhand smoke poses, especially to children.”  The Court of Appeals concluded that, given “these health risks, courts have concluded whether a parent smokes is a proper factor to consider when making child custody determinations.”  See Giambroni, T., “Mother’s Hopes for Custody Go Up in Smoke,” Morning Journal News (Lisbon, OH), September 26, 2006.

860 N.E. 2d 1087, 2006 Ohio 4953, 2006 Ohio App. LEXIS 4888, Court of Appeals of Ohio, Seventh District, Columbiana County.