Badeaux v. Badeaux

A nonsmoking mother had physical custody of the parties’ child and the smoking father had visitation every other weekend and on Wednesday evenings.  The mother successfully brought a petition seeking reduction of the father’s visitation rights, stating that her 20-month-old son had contracted bronchial asthma and was subjected to repeated upper respiratory infections for which he received antibiotics.  The father testified that his mother and step-father, with whom he lived when the son visited, were smokers; the father also admitted that he knew that exposure to cigarette smoke was bad for the child.  The Court of Appeals ruled that the trial court did not abuse its discretion when it reduced the father’s visitation rights.

541 So.2d 301 (La. App. 5th Cir. 1989).