The mother was given legal and physical custody of the child when the parties divorced.  After the divorce, the child developed asthma.  At the time the child was living in an apartment with her mother who smoked and with her mother’s boyfriend, who also smoked. The child made several trips to the doctor for asthma or other respiratory-related matters. The trial court found that there was a sufficient change in circumstances to justify a change in custody to the father.  The Court of Appeals of Georgia affirmed the judgment of the trial court, ruling that “the fact that the mother continued to smoke inside the apartment for almost three years after the child was diagnosed suggests that she was not adequately concerned about the child’s health.”

509 S.E.2d 117, 235 Ga. App. 184, 1998 Ga. App. Lexis 1470.