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Subject:
From:
Baldwin & Friedman <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Thu, 14 Dec 1995 03:26:07 -0500
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This mother needs to seek good legal advice.  There are many factors besides
whether what he did was right or wrong, or whether it harms the
breastfeeding relationship, that should be considered in deciding what legal
avenues to pursue.   This mother needs to consider the ramifications of
custody battles, court decisions regarding visitation, and the long term
effect of having to deal with this man for the rest of her life.  Decisions
to allege abuse should be made after the advice of an attorney experienced
in this area, as it is really a red flag situation.

As the LC, I would be careful not to encourage or discourage the mother to
pursue any legal action.  Instead encouarge her to seek legal advice before
she acts on this, whether it be through the criminal, civil or familiy law
system.

The reason why mothers must receive good legal advice in this type of
situation is because it can significantly affect the outcomes in family law
courts.  If a mother alleges abuse that if it is not proven adequately (in
the court's or law's eyes, not the layman's eyes), the mother may be at
significant risk of losing custody of her children.  In some cases the
mother may adequately prove the abuse, but lose custody anyway as the courts
may give custody to the parent that will provide the other parent with good
access to the child, and will encouarge the other parent's bond, and the
court may conclude that the mother is so angry at the father that she will
not promote his bond.

It is essential that the mother keep anger out of it, and look realistically
at what her legal options are before taking action.
Elizabeth N. Baldwin,  Esq.
Baldwin & Friedman, P.A.
Phone:  305-944-9100
 Fax:  305-949-9029
E-mail:  [log in to unmask]    or    [log in to unmask]
Attorney specializing in breastfeeding and the law

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