Elizabeth Brooks has already posted an informative answer and perspective on this topic.  Given the realities she describes, it is still helpful to read and share the articles by attorney Elizabeth Baldwin and her husband, Kenneth Friedman, about visitation and custody issues where breastfeeding is involved.  Although Liz Baldwin died in 2003, I think her perspective and advice is still useful today.  I wish every parent, lawyer and court personnel involved in these decisions would be familiar with these writings.  And certainly we in the breastfeeding community who are called upon to advise breastfeeding mothers in these often heart-rending cases should keep them in mind.

The La Leche League web site has several good articles on this issue:   See http://www.llli.org/law/lawus.html

•                The Breastfeeding Relationship and Visitation Plans (from New Beginnings) by Elizabeth Baldwin and Kenneth Friedman   at https://www.llli.org/nb/nbjanfeb96p4.html

•                Breastfeeding and Divorce (12/31/95) by Elizabeth Baldwin  at  https://www.llli.org/law/lawdivorce.html

•                In the Best Interest of Breastfed Children (custody issues) (1997) (by Elizabeth Baldwin, Kenneth Friedman and Steve Harvey   at https://www.llli.org/law/lawinterest.html

	    Information for Mothers in Family Law Situations  (2006) by Melissa Vance   at http://www.llli.org/law/familylaw.html



 From the web site at kellymom.com, you may also find these helpful, under the topics on Breastfeeding and the Law at  http://kellymom.com/bf/concerns/legal/bf-law/

	 http://www.justmommies.com/forums/4754086-post55.html  "Is Breastfeeding Really a Visitation Issue?" by Elizabeth Baldwin and Kenneth Friedman

 

 http://www.divorcecentral.com/DCLive/expert/baldwin2.html      Interview with Elizabeth Baldwin on current trends in child custody in U.S. courts.  c. 2000 - 2001. (Note: although it gives her phone number, you cannot call on Elizabeth Baldwin for help.)

 

http://www.divorcecentral.com/DCLive/expert/baldwin.html     May 29, 1997 interview with Elizabeth Baldwin on "Visitation for the Youngest Children of Divorce"



The statement from the American Academy of Pediatrics may also be helpful to have on hand.  Lawyers amy want to quote from it.  See   “Breastfeeding and the Use of Human Milk,” Pediatrics 2012; 129(3): e827 – e841. February 27, 2012.

  http://pediatrics.aappublications.org/content/early/2012/02/22/peds.2011-3552.full.pdf



It concludes with this statement:

> Research and practice in the 5 years since publication of the last AAP policy statement have reinforced the conclusion that breastfeeding and the use of human milk confer unique nutritional and nonnutritional benefits to the infant and the mother and, in turn, optimize infant, child, and adult health as well as child growth and development. Recently, published evidence-based studies have confirmed and quantitated the risks of not breastfeeding. Thus, infant feeding should not be considered as a lifestyle choice but rather as a basic health issue. 
> 
 

Anne Altshuler, RN, MS, IBCLC, LLLL

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