In a 1988 New York case involving the divorce of a physician and his wife, the doctor sought an children.
And in 1994 Florida best interest of the child." In this case, Thomas v. Harris, the child had special health considerations, and the ruling recognized that "the effects of second-hand smoke can be a valid consideration in a custody determination," according to legal observers.
It seems certain that courts will continue to consider the effects of second-hand smoke in custody cases where the issue is raised, particularly when the children involved have health considerations.