In reference to testifying at custody hearings, I have testified about 6-8
times.  I have been seated in court and recognized an an expert witness in two
different counties.  In some cases I testified in the judges chambers with all
parties present, trying to work out a favorable deal. In one case, it took  4
hrs on the stand for me to be recognized as an expert witness.  The LLLI info
really helped.  Also, I had testified in juvenile court in matters unrelated
to BFing so I knew what to expect.  The most important points are to remain
calm, listen to the question that you are being asked and answer in as few
words as possible. Only state what is fact-no opinions, or second hand
information. If you don't understand the question, ask for it to be rephrased.
In some cases I had books marked and the attorney's assistant could look up an
reference to be read and introduced by the attorney in court-no materials can
be brought to the witness stand with you. The attorney in one case was
questioning my credentials and was trying to disprove me because our local
hospital doesn't have an IBCLC on staff. The judge said that this isn't the
only thing our hospital is lacking in and I think that helped me get
recognized!
Also remember that the most important thing is not to separate the Dad and
baby, but to create an environment in which the dad and baby and the Mom and
baby are all learning to further their relationships. What has worked in most
of these cases is for an agreement to be reached where Dad is active with the
baby on short periods and slowly length the visitations.  Overnight visitation
is best delayed until the child is about 2-3 yrs old. If dad is in the same
town, maybe he can have visitation on Tues and Thurs evenings from about 5PM
to about 9PM and Sat and Sun during the day. Maybe Mom can have a nursing
visitation for an hr or so if Dad has the baby all day. Maybe dad will be
agreeable to getting expressed breastmilk to use while he has the baby. If dad
is against using expressed milk, that can be used against him showing he
doesn't have the best interest of the child in mind.
Also, things can be used  like if the mom attends LLL meetings or mothers
support meetings, or if dad attended the LLL couples meetings,  to show
whether the parents were trying to learn about parenting issues. In one case,
we introduced the LLL records showing that the dad had chances each month to
attend the couples meetings but did not. Also introduced were the day care
checkout sheets showing the dad never picked up or took the baby to day care.
Also used were the Ped records showing the dad never went to the Ped with the
baby. This is sad, but can be used to show the level of interest in the baby.
In one case that I testified in, the baby was 2 yrs old and still nursing and
Dad lived about 500 miles away. the parents agreed to meet halfway every other
weekend and spend the weekend in a motel so Dad could visit. And for the
summer vacation, Dad had custody one week of each month, but Mom went up and
stayed nearby and got 2 6 hrs periods of custody on Tues and Thurs of each of
thoses weeks. The attorney said that it is standard visitation orders for Dad
to get the child for a 3 week period in the summer and she felt that my
testimony where I suggested the  3 separate weeks was the deciding factor for
this judge. This judge has used this arrangement again recently.
The worst case was one in which the judge totally dismissed anything related
to BFing ( the toddler was 16 months ) and spilt custody 3 months with Dad,
and 3 months with Mom, starting that day with Dad getting first custody. Dad
lived several thousand miles away and they left that afternoon on a flight.
The mom got one day visitation (12 hrs) each month, and Dad got the same when
she was with Mom. That baby nursed when Mom went up to visit, and began to
nurse again when she got back home with mom after the 3 months. She continued
to nurse until about age 3-4 yrs. Mom did some pumping, but I think  it was
mostly for comfort.
It is also important for Mom's attorney to be supportive, understanding and
educated about BFing.
If you want more information, feel free to email me.
Barbara Whitehead, IBCLC
Eastern NC