Following the dissolution of his marriage, the father petitioned for a modification of child custody.  The Circuit Court denied his petition; the father appealed.  He had presented medical evidence about cigarette smoking in the mother’s household contributing to the two children’s medical problems.  One of the children suffers from asthma; the mother testified that, although she still smoked, she had greatly cut down and that she and her parents had limited their smoking in the household to the bathroom.  The Circuit Court failed to find that, on the basis of the evidence presented at the hearing, a change in circumstances of the children required a modification of custody.  The Appellate Court of Illinois, Third Circuit, affirmed, ruling that “the court’s denial of [the father’s] petition to modify custody was neither an abuse of the court’s discretion nor contrary to the manifest weight of the evidence.”

625 N.E.2d 1033 (Ill. App. 3 Dist. 1993).