Understanding the Impact of Mental Health History
Hi, I’m Clint Hastings. I’m a Tulsa Dads.Law attorney here in Tulsa, Oklahoma, and I focus on fathers’ rights. Today, we’re continuing my series on parental fitness—factors judges look at when deciding custody and how I help my clients prepare for trial. In this video, we’re talking about mental health history and how it can affect your custody case.
If you saw the video on criminal history, you’ll remember I talked about using a mental “scale” to compare both parents. The same idea applies here. If you have a documented history of mental illness and the other parent doesn’t, that may tip the scale against you, but it’s not the end of the story.
Effort and Treatment Matter
Courts Look at Effort, Not Just Diagnosis. The biggest mistake I see people make is thinking the diagnosis alone ruins their chances. It doesn’t. What hurts your case more is failing to treat your condition or falling off your treatment plan. Let me say that again: A history of ignoring or abandoning your treatment plan looks worse in court than the diagnosis itself.
The court’s priority is always the best interests of the children. That means they’re asking: Are you stable? Are you taking care of yourself so you can take care of your kids?
Proactive Steps for Parents
So if you’ve been diagnosed with something like bipolar disorder, major depression, or another condition that affects judgment, even occasionally, you need to show the judge that you’re taking it seriously. That includes: Following your treatment plan. Taking prescribed medication (or having a valid reason not to).
Seeing your doctor or therapist regularly. Exploring alternatives if traditional treatments don’t work for you. For example, if you’re dealing with depression and you don’t want to take medication, that’s your choice—but you need to show that you’re actively managing it in other ways.
Showcasing Accountability and Effort
The Scale Can Shift in Your Favor. Believe it or not, I’ve seen cases where one parent has no mental health history at all, and the other does—but the parent with the diagnosis comes out ahead because they’re putting in the work. Judges respect accountability and effort.
If you’re showing up to therapy, staying on your plan, and being transparent about your mental health, it shows maturity and commitment to your children’s well-being. That can carry a lot of weight in court.
Take Action Today
If you’re concerned about how your mental health history might affect your custody case, don’t ignore it. Tackle it head-on, take it seriously, and let your efforts speak for themselves. I hope this helps. Keep watching for more videos in this series on parental fitness and what judges consider in custody cases. I’m Tulsa family law attorney Clint Hastings. Thanks for tuning in.
For a low-cost consultation, call us at 918-962-0900.
