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Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What is the Texas law preventing asthmatic children (ages 14

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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.

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