This is a tough one. I think custody of a child shouldn't be determined only by where you smoke. Maybe coupled with other negligent acts. It may show the lack of concern for a child’s health etc. If you smoke around a child it should be addressed in some manner. Maybe, a warning up to a fine could be issued. We choose to smoke, but a child can't choose if there is no choice. Like I said this is tough. I just think when children are involved it makes it even more sensitive. Once again however the government is pushing the smoker. But, then again their isn't a license for parenting and some people need help.