Cigarette smoking has become a large factor in child custody cases. Several states have started considering smoking statistics when determining custody of minor children.
The anti-tobacco advocacy group, Action on Smoking and Health, collected data regarding custody cases and tobacco use across the United States. They found that in 18 states, tobacco smoke was factored into the results of child custody cases.
There have also been instances where a smoking parent has lost custody of their child due to subjecting them to second-hand smoke. Judges have also considered the smoking habits of other relatives that may have contact with the child involved in the custody battle, and used that information in their decision.
Some people argue that this is an invasion of family privacy, but the data shows that numerous courts are weighing heavily on the issue.