A pioneer sentence in our country issued by a judge of the Provincial Court of Córdoba he has taken a shared custody of his two children from a father after "constantly" exposing them to the smoking he suffers.
The father, whom he defines as a "pathological smoker", smoked at all times and compulsively in front of the children, and despite having the opportunity to abandon the habit and not having done so, the magistrate decided to deprive him of custody for "endangering the health of minors without looking at anything other than their addiction."
Severe smoking
As we said, it is a person who I smoked a lot inside the house and, as the 13-year-old son (the other 10-year-old son) has stated, he even smoked inside his room.
Parents are required to ensure the welfare and health of their children, which according to the judge this father has not done. In the sentence it has dictated:
"(The father) illustrates little interest in preserving children from the objective risk of being with children in a smoke-laden environment."
The father has all the freedom to smoke inside the house, but when it seriously damages the health of his children, it is considered that the child's interest prevails.
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Children do not choose to smoke, however in our country half of Spanish children live with a smoker at home. When living with smoking parents, they become passive smokers, and we already know the damages caused by tobacco in minors no matter how small the smoke that reaches them may be.
Children have a faster breathing rate than adults do, and therefore inhale more smoke in relation to weight and height. In addition, in the case of young children, they have a less developed immune system, which makes them more vulnerable to smoke toxics.
There is numerous scientific research on the effects of tobacco on children as passive smokers who have demonstrated a direct correlation between the number of cigarettes smoked each day by adults in the home and the level of tobacco carcinogens found in children's urine.
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Quitting smoking is a good decision, not always easy, but successful. The main reason is that it creates a healthier environment for oneself and for the whole family. In the case of this father, if he gave up the bad habit and quit smoking could recover shared custody.
Now a visit regime will be established and the father can be with his children on alternate weekends, as well as two days during the week, Tuesday and Thursday.
It is inevitable to think about 30 or 40 years ago, when we were little, and adults constantly smoked in front of their children, both at home, in the car and in public places. Such a sentence would have been scandalous, but times have changed and there is a greater awareness of the protection of children against tobacco. What do you think of the sentence? Is it excessive or right?
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