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.

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

• No Attorney-Client Relationship: Reading this blog or downloading any related resource does not create an attorney-client relationship. That relationship is formed only when a written engagement agreement is signed by both parties.
• Information, Not Advice: This content is for general informational purposes only and does not constitute legal advice. Every equitable distribution case is fact-specific, and outcomes depend on the particular assets, debts, marital history, and county involved.
• No Guarantee of Results: Past case outcomes do not predict future results.
• Office Responsibility: Cape Fear Family Law is responsible for the content of this advertisement. Our principal office is located in Wilmington, North Carolina, with additional offices in Durham and the Jacksonville/Camp Lejeune corridor.