What can they do?

So this girl I went to school with has a son with this person. The baby stays sick all the time with respiratory infections/ear infections. They have 50/50 of the baby. She is single and also has a 4 year old. She takes care of her children, works and goes to school. Her first child's father passed away before he was born. The oldest son is hardly ever sick. The doctor told her the reason the baby was staying sick is because he is around CIG smoke from the babies daddy and grandma when they have him. She told them this but they still smoke in their home and he still stays sick. They smoke in the house. She had him looked at by a specialist and he suggested putting tubes in his ears for the chronic ear infections but the daddy said no. Mommy had it done anyway and now he said he is taking her to court.. Will the court even consider this an issue. This was a recommended surgery for the babies health? Does she even need his consent?