After a divorce, the husband filed pleadings to modify the consent decree that called him and his ex-wife to have joint custody of their asthmatic son.  He alleged, in part, that his ex-wife was subjecting their son to secondhand tobacco smoke.  The court ruled that, because there was no evidence at the time of the stipulated judgment that the ex-wife did not smoke around the child, the husband had failed in his burden of proving a change in circumstances that would justify altering the custody arrangement.  The Court of Appeal of Louisiana, Third Circuit, affirmed the District Court’s ruling.

643 So.2d 408 (La. App. 3 Cir. 1994).