Cigarettes and Custody

Cigarettes are bad for your health.  The Mississippi Court of Appeals in a few recent opinions is taking it a little further now.  Cigarettes may be a basis for modification of custody.  Yesterday in Powe v. Denmark located here, the Court of Appeals affirmed a chancellor's modification of custody based in part on the children's exposure to cigarette smoke.  The Court found that the cigarettes in conjunction with other factors in the Mother's home was a sufficient basis to modify custody to the Father.  Earlier this year in Tidmore v. Tidmore located here the Court of Appeals found that cigarette smoking in the presence of a child can weigh against a parent in an Albright analysis of custody.  As such, a smoker now has issues with his health and potentially retaining custody of his or her children if the smoking is affecting the kids.