Can a mother have custody if she has a bipolar disorder?

Asked on January 18, 2013 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Believe it or not, being bipolar is not an automatic disqualification in Texas.  If the mother's condition can be controlled through effective treatment and/or medication that would otherwise enable her to be a good parent, then yes, she can have custody.  If she has demonstrated that she is unwilling or unable to comply with a treatment regimen, then this would be a basis for removing custody from mom.  Essentially, the concern is that if she cannot take care of herself, then she should not be entrusted with the care of a child.  In the end, the judge or jury will be required to make a decision that is in the best interest of the child-- and that may or may not be in the best interests of the parents. 

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