A nonsmoking father claimed that the district court abused its discretion when it failed to hold his ex-wife, who has custody of their daughter, in contempt for smoking around their daughter, even though a court order had expressly prohibited her from doing so.  The Court of Appeals of Indiana affirmed the judgment of the district court, ruling that the “determination whether a party willfully disobeyed an order is left to the sound discretion of the trial court.”  Since Kean, Heagy’s ex-wife, was “ordered to pay a portion of his attorney fees, Heagy has not explained how he was prejudiced by the court’s failure to find Kean in contempt.”  Also, the Court of Appeals ruled that there was not enough evidence to require the court to find that there was a substantial change in the daughter’s health and, therefore, that there was no requirement to order a change in custody.  Transfer to the Supreme Court of Indiana was denied at 2007 Ind. LEXIS 544.

864 N.E. 2d 383, 2007 Ind. App. LEXIS 757.