Breastfeeding and Placement

April 29, 2009

The other day, the ABA Journal published an article online about a Canadian case, entitled “Wean Toddler from Breast Milk or Use Machine, Judge Rules.”  In that case, the Judge decided that in order to facilitate dad spending time with the child, mom could either wean the nearly three year old or use a breast milk pump.

That got me thinking about the controversial role breastfeeding can play in placement disputes here in Wisconsin.  It can be a hot-button issue in the context of custody litigation.

Many times, mothers of young children balk at the concept of extended placement, or even overnight placement, with fathers if they are nursing.  Essentially, the argument is that breastfeeding is so important that it would be contrary to the child’s best interests to disrupt it, or at least to disrupt it too much.   The American Academy of Pediatrics strongly promotes breastfeeding for all of its benefits to both mother and child.   Additionally, mothers who breastfeed tend to promote the intense mother-child bond that develops as a result of the physical closeness.

On the other side of the coin, the father-child bond is just as important to facilitate and maintain, particularly when children are newborns and infants.  Nursing often means that children are unable to be away from their mothers for more than a few hours at a time, without either supplemental nutrition or bottle feeding with stored breastmilk.  Fathers wonder how they will bond with their children if they only see them for a few hours at a time, or are prohibited from having them overnight.  As a result, fathers may claim mothers use nursing as a weapon to keep them from from their children. 

These issues are often very difficult for Judges and Court Commissioners to deal with.  Their decisions have to be based on the facts of individual cases.   However, my own experience in the courtroom tells me that it is becoming more and more likely that judicial officials here will tell moms they had better start pumping.

Is this the right answer?  I don’t know that there is one magic answer to this dilemma.  It has to depend on the situation at hand.  Important factors will include:

  • Age of the child
  • Medical needs of the child
  • Whether or not mom works outside the home (if so, she is presumably already pumping — and that can cut both ways)
  • The placement proposals of each parent

Hopefully, whatever decisions are reached, they are in the best interests of the child.

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