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Family law concerns re breastfeeding and child custody

Parents going through a divorce are often worried about how the divorce will affect their children, especially when the children are very young. New Jersey mothers who are still breastfeeding may be concerned about how custody of the children will be handled. In many family law cases, things like this may be taken into consideration when determining custody. 

Some states requires family court judges to take consideration whether the child is breastfeeding, but many others do not. If the child is younger than 12 months, then the benefits of continued breastfeeding might be more heavily considered. Some parents might be willing to work out a co-parenting agreement or a visitation and feeding schedule that allows for the child to continue breastfeeding for as long as the parents see fit. However, if the parents cannot come to an agreement, then the courts must step in a make the decision for them. 

The child's age could potentially play a major role in what decision the court makes. In cases where the child is old enough to eat solid foods or drink from a bottle or cup, the benefits or a mother's desire to continue breastfeeding might not be considered as heavily. A court's decision regarding custody might also be affected when the judge believes that the mother is using prolonged breastfeeding to limit the other parent's time with the child. 

Overall there is no solid answer regarding whether breastfeeding plays a major role in determining child custody. However, New Jersey parents who are considering divorce, but have a child who is still breastfeeding, could benefit from speaking with a local family law attorney. Attorneys may be able to help a client to work out beneficial custody and visitation agreement concerning these issues, based upon the specific circumstances presented. 

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