The trial court modified its previous ruling of joint physical custody of the parents’ daughter, Chelsa, with the mother and father each having custody for six months of the year. The trial court later modified the order — after each parent sought sole custody — by granting the father physical custody from five days before school starts in the fall to two days after school ends for the summer, with the mother having custody during the rest of the year. As part of its ruling, the trial court noted that the daughter “has experienced some respiratory problems. Evidence was adduced that both Mother and her husband smoke inside their home despite Chelsa’s respiratory problems. Additional evidence showed that neither Father nor his wife smokes.” The mother appealed. The Court of Appeals of Missouri, Southern District, Division Two, affirmed the trial court’s judgment, ruling that it is supported by the weight of the evidence.
953 S.W.2d 147, 1997 Mo.App. LEXIS 1692.