Pizzitola v. Pizzitola

A jury awarded custody to the nonsmoking father although the mother was the primary caretaker of the children during the marriage.  The father had testified that the mother has smoked in the children’s presence and that one of the children was extremely allergic to smoke. The Texas Court of Appeals affirmed: “We hold that there was sufficient evidence to support the jury’s finding.”

748 S.W.2d 568, 1988 Tex. App. LEXIS 696, (Tex. App. 1988).