If you are in the process of separating as a couple with a nursing baby, surely an added concern is being able to continue breastfeeding. Especially if you are thinking of joint custody, there is no doubt that it is quite an organizational challenge.
How does custody work with breastfeeding? The answer to this question is not simple.
Today, we will try to explain the current legal and jurisprudential situation on this matter.
How Does Custody Work With Breastfeeding?
There is no certain rule on that. Since the babies of this age has a dependency on the mother, the most problem occurs here.
Several judgments state that babies less than six months must spend the night with their mother because pediatricians recommend that babies only feed on breast milk during this age. They can establish a comprehensive visitation regime with the paternal parent who respects the child's sleep and mealtimes.
However, as we have already told, there is no unanimous position on the possibility of requesting joint custody of breastfeeding babies. What is certain is that there are more and more favorable resolutions in this regard.
Breastfeeding is not the only reason for granting custody. Instead, it is one of many reasons. Judges will consider this with other factors.
We could say that, as a general rule, joint custody is not usually granted to babies under six months of age who are breastfeeding. But there is a possibility.
However, the fundamental thing is to be duly advised by family lawyers
. They can direct situations of discord in the best possible way, always defending children's supreme interest.
Why is six months of age important in this case?
According to the WHO, the ideal is for babies to breastfeed exclusively for the first 6 months of their life. From there, breast milk + complementary feeding until one year (milk is still the primary food). And then, you can continue with breastfeeding until the mother and infant wish.
How To Compact Shared Custody And Breastfeeding?
On a physical level, when a child begins with complementary feeding (from 6 months), there are neither schedules nor quantities. It can be used when s/he is with his father to give him varied and suitable foods. And when s/he returns with the mother, s/he can have only breastmilk.
It also depends on the hours you will be away. But taking into account that until the year, the important thing is milk, complementary feeding is like a game, trying different things and textures.
At the legal level, there is no unified judicial criterion in this regard. But the trend is to establish a progressive visitation regime at least up to two years. This could be divided into several phases:
• From 0 to 6 months
• From 6 months to 12
• From one year to two years and
• From two years
Different formulas can work. It is important to find the ideal organization for each family.
Even if you are expecting your baby's birth amongst separation procedures, you can reach agreements about their upbringing.
What Would Happen If Joint Custody Of A Baby Over One Year Of Age Is Requested?
Although there is no age limit, parents need to provide quality care for their little ones.
From the first year of life, the situation changes. More and more courts grant joint custody. The minor's age is not an obstacle anymore, and it is the most beneficial for the child.
The Court understands that the exclusive custody in favor of the maternal parent could damage the minor.
For a young child, the joint custody regime is the most useful measure. It guarantees that the parents can enjoy the development and growth of their child on equal terms. It also allows the child to have relationships with both parents.
In this regard, it will be necessary to analyze whether the parent meets the requirements. It is important for the establishment of joint custody currently set out by the Supreme Court.
If you are still wondering how does custody works with breastfeeding, we say it's uncertain. When the young age of minors is a problem, there is a solution that we consider very successful. The solution is the establishment of a progressive regime, which favors the adaptation of children to this new situation.