Texas divorce cases are never easy, but can become even more complicated when one or both parents have mental health problems. Mental health problems may, but do not necessarily, affect a parent’s competence to testify or participate in the proceedings. Depending on the nature of the mental health problems, they may also affect the parent’s ability to care for the child.
In a recent case, a mother challenged a trial court’s order appointing the father as sole managing conservator. According to the appeals court’s opinion, the husband filed for divorce when the child was just eight months old. The trial court issued a temporary order appointing both parents temporary managing conservators. The father was working in Las Vegas at the time and was granted possession on weekends when he was in San Antonio, with the mother having the child the rest of the time. Both parents were ordered to participate in psychological evaluations.
The court limited the mother’s contact with the child to supervised visits after receiving the psychological evaluations. The child was to live with his paternal grandmother in San Antonio, but granted the father possession when he was in San Antonio.