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What is the Texas law preventing asthmatic children (ages 14

& 7) from living in...
What is the Texas law preventing asthmatic children (ages 14 & 7) from living in a small 1-bedroom apartment with a habitual smoker?
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7/1/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,929
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,929
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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