Anyone who has ever gone through a divorce knows that when a child custody battle is involved, the gloves tend to come off. Anything can and will affect the outcome of the child custody case—that includes factors like age, location, income, parenting ability, and relationship with the child. And if the child is a baby, this adds another layer of complexity to your case.
But what if one parent is breastfeeding the baby?
As is often the case with child custody cases in Texas, the answer to this questions rests on several factors. What’s clear, however, is that the complex nature of child cases highlights the importance of working with an experienced Texas child custody attorney as soon as possible. When a child is under three years of age, the Court will consider the following before finalizing a parenting plan for a child under the age of 3:
– The Status Quo – who previously provided care and/or the amount of contact between parents and child
– Any Expert Opinions – how the child will be affected by separation from either party
– Current Family Dynamics: the availability and willingness of parents to personally care for the young child
– Co-Parenting Relationship – the ability of the parties to share in the responsibilities, rights, and duties of parenting, how well the parents get along.
– The Child’s Individuality – child’s physical, medical, behavioral, and developmental needs
– Your Personal Relationships – the impact and influence of individuals, other than the parties, who will be present during periods of possession
– The Family Unit – The existence of siblings
– Geographic Considerations – how close or far apart the parents live (the geographic distance between parents)
– The adaptability of the child – whether a transition schedule is needed to help the child adjust
any other evidence of the best interests of the child.
Specifically, with breastfeeding, How Are Child Custody Cases Involving Breastfeeding Decided?
All states encourage the divorcing spouses to arrive at their own child custody arrangements, provided it’s in the best interests of the child/children.
In the case of a breastfed child, the parents may come to an agreement that lets the father visit the child but allows for breaks where the mother can come in to feed the baby every few hours or so. Alternatively, the mother could agree to pump breastmilk so the baby can stay with the father for longer periods of time. This is something more feasible as the baby gets older (and much more difficult with an infant).
Again, parents are free to negotiate visitation and parental arrangements as they see fit so long as it is what’s best for the child.
Does Texas Consider Breastfeeding in Child Custody Cases?
Because each state determines their own child custody laws, different states will have different views on considering a breastfed baby’s situation when approving custody agreements. States like Maine, Michigan, and Utah have laws that specifically require judges to consider whether a child is currently breastfeeding or of a certain age requiring sustenance and nutrition from breastmilk when determining parental rights and responsibilities.
Texas, on the other hand, does not have any such laws. But the Texas Family Code, however, does specify that unique consideration must be given to custody cases involving children below the age of three (as stated above). In other words, the court may exercise its discretion to decide what is best for infants when making an initial custody order. And because of the unique needs of the baby, the court will issue another order, which will take effect when the child turns three.
This also means that a judge’s decision can be swayed by how well the mother or father can argue their case for getting custody of the baby.
For example, in a custody battle, a mother can use the argument that breastmilk is best for babies, so she must have primary custody of the baby—at least until the baby turns three. On the other hand, the father’s attorney can argue that it is in the best interest of the baby to develop healthy attachments to both parents, and that awarding exclusive custody to the mother would inhibit the father’s right to bond with the child.
Cases involving babies can be the most challenging. New parents not only have to get used to adjusting with their new baby and becoming parents but also with co-parenting in less than ideal situations.