A Texas jury will decide if Infowars' Alex Jones on-air persona makes him unfit to have custody of his three children with ex-wife Kelly Jones.

"He's playing a character," attorney Randall Wilhite told state District Judge Orlinda Naranjo, according to the Austin-American Statesman. "He is a performance artist."

Kelly Jones, who is seeking sole or joint custody of their three children, argued at a pre-trial hearing that her ex-husband's fiery public persona is no different from his private life.

"He's not a stable person," she said. "He says he wants to break Alec Baldwin's neck. He wants J-Lo to get raped."

"I'm concerned that he is engaged in felonious behavior, threatening a member of Congress," she said, referring to Jones' comments about Rep. Adam Schiff, D-Calif. "He broadcasts from home. The children are there, watching him broadcast."

In the next two weeks a jury will be asked to determine whether there is a difference between the Infowars host's on-air personality and the real Alex Jones, and whether it makes him fit to be a parent.

Naranjo has allowed several clips from Jones' show to played in court. She's banned other clips, saying "this case is not about Infowars, and I don't want it to be about Infowars."

Last month Jones issued an apology for Infowars' role in perpetuating the "Pizzagate" conspiracy theory, which ties Hillary Clinton to a child sex ring.