Reply to Have a 2 mo old and told to move out.

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]You don't split 50/50 of an infant. If you are breastfeeding he won't get more than a few hours at a stretch.[/quote]

[b]You pump, but either way, it is your house too.  [/b]In less you leave and take the baby (before either one of you files custody as then you can legally do it), I would move into another room or the baby room and stay.[/quote]

You cannot force someone to pump. [/quote]

Then baby gets formula.  There are options.[b]  Breastfeeding is not a reason to withhold parenting time even if he is being a jerk to mom[/b]. [/quote]

Actually, it can and is in many custody situations.

Joint Custody
Joint custody can refer to joint legal custody or joint physical custody, or both. Joint legal custody means that each parent has authority to make important decisions for the child, such as where he goes to school and whether he should receive medical treatment. Joint physical custody typically means that each parent has the right to spend significant time with the child -- it doesn't necessarily mean a 50-50 split of time with each parent. With a breastfed child, however, it's even more unlikely that the arrangement will resemble an even split, because the child must spend so much time with the mother.

States With Breastfeeding Laws
As of 2012, a few states have laws that specifically address breastfeeding while several others have enacted legislation that deals with breastfeeding in some form. In Maine, a judge must consider whether the mother of a child under one year old is breastfeeding when the judge determines parental rights and responsibilities. In Michigan, one of the factors a judge must consider when determining allocation of parenting time is whether the child is under six months old and breastfeeding or under one year old and receives a substantial portion of his nutrition through breastfeeding. In Utah, a judge may consider that a nursing child’s lack of reasonable alternatives when determining whether the default custody schedule should apply to a particular case.

States Without Breastfeeding Laws
Even in states without breastfeeding laws, a judge can consider breastfeeding when making a custody determination since custody is to be awarded according to the best interests of the child. Some states also take age into consideration when they determine custody arrangements. For example, Texas does not apply a standard weekend visitation schedule for children under age three. Even in states that do not directly address breastfeeding, the judge could make an order permitting the mother to have more time with the child due to breastfeeding. The order could include a different parenting schedule when the child gets older, or the father could go back to the court for a modification of the custody arrangement when the child is no longer breastfeeding.[/quote]

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