Question:

Dear Cape Fear Family Law:

My husband and I are separated and I have our 1 year old baby.  I breast feed and would prefer to keep breast feeding until age 2, at least.  He wants overnight visits and our baby is not ready for that.  Will I have to allow him to visit overnight?

-Putting Baby First

Answer:

Dear Putting Baby First:

I assume you already know that La Leche League and other pediatric organizations recommend a minimum of 6 months and up to “as long as mutually desired by mother and child” for the period of time to breast feed.  The real questions are whether or not you can pump and provide milk to Dad to feed and whether he is appropriate in his parenting.

There exists proposed new legislation that would make joint legal custody the mandatory schedule for each child.  Basically, a schedule that is 50% of the minor child’s time to each parent. Although only proposed, it is my opinion the courts are generally moving in that direction.  You need to see an attorney to determine if you have grounds to not allow the visits, otherwise you may want to change your mindset about the word “allow” and move into a mindset on “sharing” the rearing of your child.

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