How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100023
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

What is the Texas law preventing asthmatic children (ages 14

This answer was rated:

What is the Texas law preventing asthmatic children (ages 14 & 7) from living in a small 1-bedroom apartment with a habitual smoker?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

There is no law that states that children of a certain age cannot live in one-bedroom home with a smoker. This may be a variation on a common belief that there are rules that children must have a certain amount of bedrooms, etc, to live in. This is not true - neither the Texas Family Code nor any other Code in the state specifies that there is such a restriction. There is not.

However, this may come into play if there is a custody battle going on. If so, then the smoker may be attacked for not providing a healthy environment for the children to live in, which may be used to argue against their custody based on "best interest of the child." Holley v. Adams, 544 SW 2d 367 - Tex: Supreme Court 1976. However, unless this is the case, no specific law exists that restricts such a living arrangement.

I hope this helps and clarifies.

If this is not what you had wanted to hear, I am sorry. Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 7 other Family Law Specialists are ready to help you

Related Family Law Questions