The father moved to modify the outstanding court order regarding custody of the couple’s two minor children.  One of the children, Daniel, who suffers from chronic and serious asthma, was hospitalized for three weeks due to a serious attack while he was living with his mother.  His mother and her new husband both smoke.  While the mother attempted, but failed, to quit smoking, her new husband continues to smoke and was reported by the other child to have said that he was not going to give up smoking for Daniel’s benefit.  The court allowed the nonsmoking father’s motion for modification of custody, awarding him sole legal and physical custody of the children.  A condition for the mother’s visitation is that she “shall not smoke nor shall she permit smoking by anyone in the presence of Daniel.  She shall not smoke nor shall she permit smoking in any residence or motor vehicle to be occupied by him.”

1996 Conn. Super. LEXIS 2153