Lizzio v. Jackson

226 A.D.2d 760 (1996)

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Nature of the Case

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Facts

Following their separation in 1988, H and W entered into a separation agreement which contained a joint custodial provision with physical custody of the two children with W and visitation to H. This custody arrangement was incorporated in the parties' 1991 divorce judgment. H commenced this proceeding in 1994 contending that custody of both children should be transferred to him, based on the allegation that W was exposing their son, an asthmatic, to second-hand cigarette smoke. W’s smoking has begun well before 1991, and the son had been diagnosed with asthma in 1986. Family Court granted the petition, and W appealed.