This is from the LLL website:



Custody & Visitation Issues

"There are only three states that address breastfeeding and custody/visitation
in their statutes: Maine, Michigan, and Utah. Maine considers the breastfeeding
of a child under the age of one year in its determination of what custody
arrangement is in the best interest of the child. Breastfeeding, however, is
just one of many factors to be considered. A court in Michigan, when
determining parenting time, must take into consideration whether a child
younger than six months is breastfed, or if one younger than a year "receives
substantial nutrition" by breastfeeding. Utah provides for a minimum visitation
schedule for children under the age of five, but "the lack of reasonable
alternatives to the needs of a nursing child" may be taken into consideration.

The lack of a statute does not mean that a judge cannot consider breastfeeding
issues in determining visitation or custody. Courts will consider the child's
best interests in dealing with family law issues. Additionally, there may be
prior court decisions in individual states that recognize the issue of
breastfeeding in family law situations. Referring a mother to articles on the
LLL Web site (www.lalecheleague.org/LawMain.html) written by Liz Baldwin is a
starting point. Area Professional Liaison Leaders may also have information
regarding prior court decisions in their states that may be helpful to a
mother. The latest American Academy of Pediatrics policy statement on
breastfeeding calls on health care professionals to support the efforts of
parents and the courts to ensure continuation of breastfeeding in separation
and custody proceedings." 

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