I just revised (Nov 2017) an article that is posted on the Pennsylvania
Breastfeeding Coalition about protecting lactation during
divorce/custody/visitation.  There are several useful links -- including
the one to the LLLI page which has had, for years, several excellent
articles. The article (and its links) are offered in their entirety, here:

It is difficult — even scary — when a family is struggling with a
challenging custody and visitation arrangement while the baby is still
breastfeeding.

It is critically important that the lactating parent have an excellent
family law lawyer to represent their interests.  It is important they try
to do whatever it takes to get a real lawyer to work on their behalf. If
Baby is lucky the court may appoint a lawyer protecting the baby’s rights
(called a child advocate, or guardian ad litem), but to be honest, that
rarely happens. Even when there are very serious allegations afoot (abuse;
neglect) that is not a guarantee that the child will get a lawyer (who will
be a different lawyer from the one for each of the parents).

If a lawyer has not yet been hired, start with the referral line for the
bar association for the city or county where the family lives.  If
relevant, ask about any programs to help clients with little or no money,
and a child’s interests to protect (Examples: Allegheny County Bar
Association, http://www.pittsburghfindalawyer.org/ [and] Philadelphia Bar
Association, *http://www.philadelphiabar.org/page/ForThePublic?appNum=5*
<https://web.archive.org/web/20170409220628/http:/www.philadelphiabar.org/page/ForThePublic?appNum=5>
).

In rare cases, an “expert witness” in breastfeeding and human lactation (an
International Board Certified Lactation Consultant, an IBCLC) may be used
in the case. It is advisable that someone from close by be called. Family
law courts are notoriously parochial, and bringing in an expert from across
the state or country can easily backfire. This is a strategic call the
lawyer has to make knowing the judge, the client (e.g. the lactating
parent), and the facts of the case.

If an expert witness is to be used, all of the communications, preparation,
and payments are arranged by the *lawyer* in the case, NOT the parent.

While any IBCLC will have the clinical skill and training to meet the
requirements to be an expert witness, not all IBCLCs are willing to serve
as an expert witness.  The parent in the dispute can do the first level of
research to find someone who might be willing to be an expert witness, or
to write a letter in support of the situation.  But then the name and
contact information should be handed off to the lawyer, who will initiate
the formal engagement.  IBCLCs in Pennsylvania can be found at:

   - Pennsylvania Resource Organization for Lactation Consultants (eastern
   PA), http://pro-lc.org/find-an-lc/
   - Pennsylvania Breastfeeding Referral Guide
   http://www.health.pa.gov/My%20Health/Womens%20Health/Breastfeeding%20Awareness/Pages/Referral-Guide.aspx#.Wg7ASEqnGUl
   - United States Lactation Consultant Association,
   *https://uslca.org/resources/find-an-ibclc*
   <https://web.archive.org/web/20170409220628/https:/uslca.org/resources/find-an-ibclc>
   .

However, an IBCLC expert witness is rarely truly needed. More helpful is an
expert on attachment parenting, who is familiar with child development and
needs, about which breastfeeding is just a small part. Baby’s pediatrician
is often the most persuasive person to write a letter in support of the
situation, if a letter is used. The doctor has known the baby all their
life, and the court is supposed to be thinking about “the needs of the
child.”  One has to weigh whether the pediatrician’s traditional level of
support for breastfeeding will be helpful to the case the lawyer is trying
to make on behalf of the lactating parent.

When breastfeeding becomes the focus of the case, it quickly becomes
demonized, and that NEVER helps.  Family law courts are customarily
non-breastfeeding-friendly. However, the parents have two future decades of
co-parenting to be figured out, and breastfeeding will be over sooner than
the breastfeeding parent — in very understandable “breastfeeding mama bear
mode” — can appreciate now. It is critically important that all aspects of
child care, custody and visitation — not just the breastfeeding part — be
worked out NOW. It sets the tone for years to come.

Here are some helpful resources about breastfeeding in family law cases:

(1) There are excellent resources on the La Leche League Breastfeeding and
the Law pages: *http://www.llli.org/law/lawus.html*
<https://web.archive.org/web/20170409220628/http:/www.llli.org/law/lawus.html>

(2) It is a hard read, but this blog from the Leaky Boob may resonate with
the breastfeeding parent:

*http://theleakyboob.com/2011/02/a-journey-through-breastfeeding-and-visitation/*
<https://web.archive.org/web/20170409220628/http:/theleakyboob.com/2011/02/a-journey-through-breastfeeding-and-visitation/>

(3) Kathryn Dettwyler PhD has a generic letter about long-term
breastfeeding that anyone can use:

http://kathydettwyler.weebly.com/2015-court-letter----updated.html

(4) The Breastfeeding Coalition of Oregon has a great co-parenting handout
about custody and breastfeeding.

*http://www.breastfeedingor.org/wp-content/uploads/2012/10/BCOCoParentingPlan.pdf*
<https://web.archive.org/web/20170409220628/http:/www.breastfeedingor.org/wp-content/uploads/2012/10/BCOCoParentingPlan.pdf>

(5)   These Attachment Parenting articles are related to custody and
divorce:

o
*http://www.attachmentparenting.org/parentingtopics/special-areas/divorce-custody-blendedfamilies*
<https://web.archive.org/web/20170409220628/http:/www.attachmentparenting.org/parentingtopics/special-areas/divorce-custody-blendedfamilies>

o   *http://www.attachmentparenting.org/professionals*
<https://web.archive.org/web/20170409220628/http:/www.attachmentparenting.org/professionals>

 (6) This article describes, and links to, research that suggests overnight
visitation disrupts the baby’s ability to attach to the primary caregiver.
The researcher advocates for “parenting plans that evolve, where day
contact with fathers occurs frequently and regularly, and overnights away
from the primary caregiver are minimized in the early years, then are
gradually increased to perhaps become equal in the preschool years.  ‘If
mothers and fathers can be patient, cooperate and take a long view of child
development, such evolving plans can work for both children and parents.’”
http://www.newswise.com/articles/overnights-away-from-home-affect-children-s-attachments-u-va-study-shows



-- 
Liz Brooks, JD, IBCLC, FILCA
Wyndmoor, PA, USA
Director, Human Milk Banking Assn of North America (2015-17)
Adjunct Professor, Drexel Univ, Public Policy of Breastfeeding
"IBCLCs empower women and save babies' lives!"-Ursuline Singleton

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