A nonsmoking father sought but failed to obtain custody from the mother, charging that he could better address the asthmatic child’s health needs.  The majority, without addressing the passive smoking issue, found that the child’s health was not adversely affected his current living arrangements.  The dissent made specific mention of the fact that smoking in the custodial home was aggravating the child’s respiratory illness and that this was one factor which warranted a change in custody.

1989 Ohio App. LEXIS 3218, No. 2585 (2d App. Dist. 1989).