If you can show that the smoking is affecting the children, you may wish to cite this case:
TENNESSEE: Smith v. Smith, 1996 WL 591181 (Tenn. Ct. App. Oct. 11, 1996).
A case from Tennessee has joined the majority and held that evidence that a father's smoking harmed the child supported terminating the father's visitation rights until he can show the court that he will protect the child from exposure to second-hand smoke. In that case, the evidence showed that the father smoked around the child and that, as a result, the child had sinus problems in the winter and ongoing problems with allergies. Since the evidence showed that the father's smoking had jeopardized the child's well-being, suspension of his visitation rights was not punitive. Smith v. Smith, 1996 WL 591181 (Tenn. Ct. App. Oct. 11, 1996).