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From:
Jon Ahrendsen <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Thu, 29 Aug 1996 01:40:14 -0500
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This is probably out of your hands now but let me give you this advice (which is my recollection of a discussion) by Liz Baldwin JD from the Chicago LLL conference last year.

If at all possible try to have the attorneys negotiate a settlement between the two partners instead of having the judge decide.  The mom may not like the fact that the father will get the baby for say 3 nights, but no matter how many experts testify for the mom, the judge ALONE can decide to give the father all 11 nights (or even 14) and then the mother is stuck with that decision!  Too often it appears that in the divorce proceedings the parents get into a huge emotional tug of war and have the attitude "I'm not going to give in to them for ANYTHING".  The point that Liz Baldwin made was that if you negotiate a settlement, even if you don't really like what you are giving up you at least are maintaing some control on the situation.  Whereas if you argue in front of a judge neither party has any control in the decision.   The attorneys don't always have this issue at their forfront either since they are paid by the hour and it is at times to their advantage for things to drag out.

The other point that she made ( and she specialized in BF issues and the law) is that in the present court systems the father's right to visitation/custody is given much greater weight than the welfare of the child.  You and I may not agree with that, but that certainly is the case in the majority of the courtrooms.  Few attorneys and judges are the BF zealots that we are.  They may pay lip service to acknowleding the superiority of BF but they will be quick to say "Just give the child a bottle instead."

As for your testimony your job is simple.  "Tell the truth as you believe it."

I would really suggest for this mother's attorney to try to discuss the case with Liz Baldwin if at all possible.  Her number can probably be found somewhere in the LACTNET archives or through somebody at LLLI.

Jon Ahrendsen MD FAAFP

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