Asked in Family Law and Juvenile Law for Texas

Q: Is there a law in Texas regarding sleeping arrangements for biological children?

Specifically, children sleeping with adults. And is there a requirement for space for a child? Or is it ok for a mom, her “husband” (by title only, no actual marriage), her son (not the son of the “husband”), and their daughter to live in one room in another person’s house?

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2 Lawyer Answers

A: It depends on the age of each occupant. Texas law limits occupancy to three adults per bedroom. A landlord can impose a more restrictive rule, for example limiting occupancy to two adults per bedroom.

If the children are minors, however, federal law prohibits housing discrimination against families. Any restriction by the landlord with respect to the number of minor children occupying a single bedroom with the adults could violate these housing discrimination rules.

You should consult an attorney if you are a landlord contemplating more restrictive occupancy rules especially when it comes to limits on the number of minor children within a family.

A: Given that this question was posed in the "Family Law" group, I will provide a response from a "family law" perspective.

There is no concrete law in the Texas Family Code that specifically prohibits children from sleeping with adults or a requirement for space for a child. However, family court judges will typically take those things into consideration when making a decision on what is in the best interest of the child.

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