Legal Question in Family Law in Texas

Can he try to use your anxiety as a reason to obtain primary custody? Sure. He can try. Whether your anxiety disorder is severe enough to make it better for your kids to have him as the primary custodial parent is a matter of medical opinion. I would say generally, however, that anxiety disorders are normally not such a severe problem that they interfere with your ability to parent your children, especially if you take medication and/or you are under treatment.

If you mean "full custody" that he will take the kids and you will never see them, then I would say the chances that he gets that kind of custodial plan in the divorce is next to impossible over an anxiety disorder unless you are a clear danger to your children and he can prove that by a prior history of physical or emotional abuse or reckless behavior on your part in the presence of your children.

This is the kind of garbage people say to prevent unhappy spouses from leaving an unhappy marriage. What does he know about what the courts will do in your divorce? Is he a divorce lawyer? If not then his insistence that he'll get full custody means very little. All it means is that you are in for a nasty fight and that's not a situation where you want to be on your own. You need to talk to a family law attorney ASAP about the situation even before you leave. There are things you may want to start doing now to set yourself up for success on both the custody and property division aspects of your divorce.

Attorney Kielich has written a very thorough and thoughtful answer.

I would look on this website and on www.avvo.com for an attorney in your area.

You need to talk to a family law attorney in person.