In the Matter of Aubuchon and Aubuchon

An ex-wife sought permission to move with her children to another state; the ex-husband responded with a motion to change custody.  The District Court changed custody, awarding custody to the ex-husband after finding that the ex-wife’s smoking had harmed the children.  The ex-wife appealed, arguing that there had been no evidence to prove that her smoking had caused her children’s health problems.  The Court of Appeals of Kansas, affirmed, noting that there was evidence that her smoking had harmed the children.  “That finding is supported by the testimony of three doctors that secondhand smoke aggravated the children’s health problems and placed them at risk for further health problems.”

913 P.2d 221, 22 Kan. App. 2d 181, 1996 Kan. App. LEXIS 25.