A Current Summary of Breastfeeding Legislation in the U.S.

By Elizabeth N. Baldwin, Esq., and Kenneth A. Friedman, Esq.

FAMILY LAW

To date, we know of three states that require courts to consider breastfeeding of a baby as a factor in determining custody and visitation decisions, including parenting time, namely Utah, Michigan and Maine. Also note that Utah and many other states or counties have specific guidelines designed for children under the age of five that do not call for overnights until 18 months to two years of age.

Note that generally, courts recognize that breastfeeding is important and best for a child, but that the public policy of many states is to focus on how both parents can be significantly involved with their child's life. Thus, if the courts feel they are forced to pick breastfeeding over the father's bond, they are likely to pick the father's bond. Mothers fare much better when they focus on how their child can continue breastfeeding, and also have a significant relationship with Dad. Although many people may think that breastfeeding is inconsistent with Dad having a bond, this is just not true! There are many ways to fashion parenting time so that both objectives can be met.

Address the concerns that arise, such as how Dad can have a significant bond, and breastfeeding can continue. Present choices that are realistic and practical. Look at how to make visitation work, rather than using it as an excuse to restrict the father's access. Feel free to contact La Leche League International for help.

Last updated Saturday, July 29, 2006 2:38 AM by sjs.

Page last edited Sun Oct 14 09:33:13 UTC 2007.