I have testified several times in court. One thing that helped is I brought
in my CV (resume) with copies for the attorneys and the judge. When they saw
my educational background in early childhood education and special education
as well as community health and lactation, I was seated every time as both an
expert in infant development and also in lactation management. ( I included a
list of my educational credits in these fields). One other thing I suggested
is that the mother develop a plan of a timeline to gradually increase
visitation from a few hours a few days or evenings a week to some all day
visits to overnight visits over  a period of a couple of years.  Also mom
needs to realize that she is going to have to make some concessions. For
example in exchange for  not doing overnights, give the dad most of the
holidays. Also include grandparent visitation. If  the mom makes a plan and
offers up front, it makes her look like the more giving, prepared, thoughtful
parent.
The AAP statement is what I have found to be the most helpful reference since
most laypersons have heard of the AAP. It was especially helpful when in one
case their pediatrician wrote a letter to the court stating that formula is
just as good as breastmilk. In testifying, the attorney for the mom asked me
why he would write that if it was not true. I replied that  I couldn't speak
to his level of lactation education but the statement was not in line with
his professional organization statement. That seemed to discredit the letter.
Especially since he didn't come to court, just sent a letter and I was there
in person.
Not all cases end up being a winning situation. In one of the cases early in
my career when I testified, the judge ended up awarding 50-50 custody with
the child (15 month old still bfing) being sent to another state for 3 months
with dad, and back here for 3 months with mom, alternating every 3 months.
The non-custodial parent got one weekend a month when the baby was with the
custodial parent. They lived over 1000 miles apart. The mother pumped during
the absence and when it was her turn with the baby, the baby started nursing
again even after  a 3 month absence.
And in another case, the judge allowed the mother a 2 hour a day visit during
Easter Week with Dad to come and nurse the baby. Her attorney felt that was a
big victory for bfing rights. The baby was over a year old. The judge also
gave dad a week every month during the summer months ( usually dads get the
child for 3 weeks straight) and mom got three 2 hours visits  during that
week. It was a lot of work on her part  because dad lived in another town and
she had to drive there, nurse in the car and visit at the mall or in the car
with the baby for that 2 hours on those evenings (dad wouldn't let her come
in his house).

Barb Whitehead, BS, IBCLC
Eastern NC ( currently in Physical therapy and have discovered the wonderful
effects of a TENS unit on my knee pain!)

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