Family Law and Breastfeeding

http://www.scu.edu/ethics/publications/other/lawreview/attachment101.html
Attachment 101 for Attorneys: Implications for Infant Placement Decisions
By Eleanor Willemsen and Kristen Marcel

http://www.attachmentparenting.org/law.shtml
Family law resources by Attachment Parenting International, including a link for professionals.

http://pediatrics.aappublications.org/cgi/content/full/115/2/496
American Academy of Pediatrics Policy Statement on Breastfeeding and the Use of Human Milk


http://www.kathydettwyler.org/detletter.htm
Dr. Katharine Dettwylers's court letter that can be used in cases involving extended breastfeeding.

http://www.breastfeeding.asn.au/bfinfo/sustained.html
This document, out of Australia, discusses studies on extended breastfeedin

Custody & Visitation Issues

Breastfeeding Legislation in the United States:
A General Overview and Implications for Helping Mothers
Melissa R. Vance, Esq.
Moorestown NJ USA
From: LEAVEN, Vol. 41 No. 3, June-July 2005, pp. 51-54.


..."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/Law/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. " ...

Read full article:
http://www.llli.org/llleaderweb/LV/LVJunJul05p51.html

The Breastfeeding Relationship and Visitation Plans

The Breastfeeding Relationship and Visitation Plans
By Elizabeth N. Baldwin, JD and Kenneth A. Friedman, JD
Miami, Florida, USA
From: NEW BEGINNINGS, Vol. 13 No. 1, January-February 1996, pp. 4-7

..."Why Breastfeeding Should Be Encouraged in Family Law Cases

Many people may wonder why encouraging breastfeeding in family law cases is so important. To answer this question, one must first ask why breastfeeding is important at all. Currently, the American Academy of Pediatrics, the World Health Organization, and UNICEF recommend that babies be breastfed for at least one year, and preferably until age two or beyond. As James T. Grant, the former Executive Director of UNICEF, wrote in the July/August 1994 issue of the Baby Friendly Hospital Initiative Newsletter:

'Study after study now shows, for example, that babies who are not breastfed have higher rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrhoeal diseases, otitis media, allergies, obesity, and developmental delays. Women who do not breastfeed demonstrate a higher risk for breast and ovarian cancers.' " ...


Read article:
http://www.llli.org/Law/LawVisitation.html