QUESTION

When a father has a mental disorder/ learning disability could the mother receive sole custody?

Asked on Oct 24th, 2019 on Child Custody - Texas
More details to this question:
My daughters father is missing part of his brain called the corpus callosom, which gives him a learning disability. My daughter is 9 mos and all of his visitations have been supervised and that is about to change soon due to the possession order that the court set up. They haven't yet been informed of his disability because I didn't know it would affect his ability to care for our daughter until now. He doesn't know how to make a bottle, feed her, change a diaper, interact with her, or simply watch her to make sure she doesn't get into anything she's not supposed to. He has shown this at all his supervised visitations where multiple people have tried to teach him how to care for her including myself, my mother, his father, and his step mother. He does not even attempt to learn. When he visits her, he is on his phone most of the time, or will just stare at her and leaves early every time. Would the court consider giving me sole custody if this was the case? (Texas)
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1 ANSWER

Children Attorney serving Fort Worth, TX at The Law Office of Zoe Meigs, P.C.
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I suggest you try to get the order modified so that the father is not allowed unsupervised possession.  Most parents are named joint managing conservators, but the father's  disability may be a reason why he should not be granted the rights to make important decisions regarding your daughter.  It sounds like even his parents could be a witness to the father's inability to care for your daughter. You need to deal with both the conservatorship (custody) and the possession order. 
Answered on Oct 25th, 2019 at 12:53 PM

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