Legal Question in Family Law in Texas

Are there any statutes/laws in the state of Texas that require a child to have their own room? I live in an efficiency with my 13 and 5 year old daughters. The girls have loft beds with their toys, books under the bed set up as their room and I have my own space as well. My ex-husband is claiming this is illegal, but I cannot find anywhere this is stated. I have been scouring the Texas Family Code and have not come up with the answer.

Thank you in advance!

Asked on 7/10/13, 7:44 pm

2 Answers from Attorneys

Adam Kielich The Kielich Law Firm

Under the Texas Property Code an apartment may have three people per bedroom. However, cities in Texas could set more stringent rules although I am unfamiliar with any that do. You would want to check the municipal code for your town.

Although the law sets a three-person limit per bedroom, your lease may limit you to two people per bedroom (and maybe even one person for your efficiency). Check your lease for that provision as well. You may be evicted or required to move into a two bedroom apartment.

However, even if the law and your lease permit your current living arrangement, your ex-husband may be able to claim that the environment is not in the best interests and seek to obtain primary conservatorship.

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Answered on 7/10/13, 10:41 pm
Fran Brochstein Attorney & Mediator

The TX Family Code does not cover this- you are correct.

Landlord tenant law is totally different.

I have to agree with Adam's answer.

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Answered on 7/11/13, 7:16 am


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