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Breastfeeding Moms Breastfeeding Moms

Father takes son's Mother to Court because she Breastfeeds!

Posted by on Apr. 3, 2013 at 11:38 PM
  • 23 Replies

Hypothetical situation:

Man & Woman, unmarried, have a child. They are not in a relationship and Father gets child every other weekend, court ordered. Son is 4mo. old. For first visitation, mother brings pumped milk. Father freaks out and says breastfeeding is immoral and perverted. He says babies are suppose to drink formula. Father takes Mother to Family Court because the Mother is doing a perverse actions by breastfeeding her son. What do you think the judge would say?

by on Apr. 3, 2013 at 11:38 PM
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Replies (1-10):
Zazayam
by Nicki on Apr. 3, 2013 at 11:43 PM
6 moms liked this

Get out of my court.

preacherskid
by Silver Member on Apr. 3, 2013 at 11:44 PM

Assuming Mom has done her homework and has the AAP & WHO statements on breastfeeding on hand at the very least, the judge would dismiss the claim.  IDK what the judge would do to visitation, that may vary state to state and judge to judge, but the breastfeeding itself cannot be labeled a perverse act.  I would hope in this situation that Mom has someone, a lawyer for herself or an advocate for her child, in her corner as well.

jackiewal10
by Silver Member on Apr. 3, 2013 at 11:47 PM
2 moms liked this

Judge will side with the mother.  Also, I don't think that a BF baby is allowed overnight visits before a year. I realize it's a hypothetical situation, but the reality is, I don't think that happens.

BrittSam2011
by Member on Apr. 3, 2013 at 11:52 PM
1 mom liked this

Get the fuck out of my court. This is the most reduculous thing ive heard in my life. Case dismissed.

SadieJames
by on Apr. 3, 2013 at 11:58 PM

If I were the judge I was tell the to F off.

BUT visitation can still be allowed (overnights too) where dad can feed baby whatever he wants, unfortunately.  A friend of mine is going through this because her ex bf is giving their baby solid food and almost no formula at 6 months old.  When they went for their final custody she petitioned about it but technically she can't dictate what dad does as long as its not illegal.

LLbaby143
by Bronze Member on Apr. 4, 2013 at 12:01 AM
This. Exdh doesn't get longer than 4 hr intervals since ds is 11 months ebf


Quoting jackiewal10:

Judge will side with the mother.  Also, I don't think that a BF baby is allowed overnight visits before a year. I realize it's a hypothetical situation, but the reality is, I don't think that happens.


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jackiewal10
by Silver Member on Apr. 4, 2013 at 12:06 AM
1 mom liked this

That's not entirely true.  I have a friend that was in this "hypothetical" situation, without the overnight visits.  The father was NOT allowed to go against AAP guidelines.  Baby was BF and was not allowed solids.  Then is was discovered that the father was feeding the baby anyway, things like pretzels...  O.o  Well, turns out that dad put the baby in the hospital because of reactions to the foods he wasn't supposed to be giving.  Dad almost lost all custody over stupidity and thinking he was in the right.  If you friend goes into court with documented facts, the judge WILL listen. Judges don't know.  They know the law and listen to evidence.  Bring evidence with you.

Quoting SadieJames:

If I were the judge I was tell the to F off.

BUT visitation can still be allowed (overnights too) where dad can feed baby whatever he wants, unfortunately.  A friend of mine is going through this because her ex bf is giving their baby solid food and almost no formula at 6 months old.  When they went for their final custody she petitioned about it but technically she can't dictate what dad does as long as its not illegal.


SadieJames
by on Apr. 4, 2013 at 12:10 AM

I really believe the judge and dad in this situation knew each other - it's a small town.  His (the judges) reasoning was she couldn't prove what he was doing or that it was hurting their son.  

I wonder if there is an actual law (although I guess it would vary by state) on it? Unfortunately I doubt it though since moms *could* say they're EBF so dad didnt get visitation if they're trying to be vindictive.  

Sheesh - I need to be more positive lol.

Quoting jackiewal10:

That's not entirely true.  I have a friend that was in this "hypothetical" situation, without the overnight visits.  The father was NOT allowed to go against AAP guidelines.  Baby was BF and was not allowed solids.  Then is was discovered that the father was feeding the baby anyway, things like pretzels...  O.o  Well, turns out that dad put the baby in the hospital because of reactions to the foods he wasn't supposed to be giving.  Dad almost lost all custody over stupidity and thinking he was in the right.  If you friend goes into court with documented facts, the judge WILL listen. Judges don't know.  They know the law and listen to evidence.  Bring evidence with you.

Quoting SadieJames:

If I were the judge I was tell the to F off.

BUT visitation can still be allowed (overnights too) where dad can feed baby whatever he wants, unfortunately.  A friend of mine is going through this because her ex bf is giving their baby solid food and almost no formula at 6 months old.  When they went for their final custody she petitioned about it but technically she can't dictate what dad does as long as its not illegal.



jackiewal10
by Silver Member on Apr. 4, 2013 at 12:16 AM

My friend couldn't prove it either.  Until she ended up in the ER with her 4 month old who had "pretzel breath" and really really bad bloody stools.  Like, that's all it was. :(  Sick sick baby.  So sad.  That sucks about the small town with your friend.  Mine does NOT live in a small town, already had 2 older children with her ex-dh and had experience behind her.  Whereas this "father" was a one-night-stand mistake that she's stuck with now, but he knows nothing of children.  Obviously.

Quoting SadieJames:

I really believe the judge and dad in this situation knew each other - it's a small town.  His (the judges) reasoning was she couldn't prove what he was doing or that it was hurting their son.  

I wonder if there is an actual law (although I guess it would vary by state) on it? Unfortunately I doubt it though since moms *could* say they're EBF so dad didnt get visitation if they're trying to be vindictive.  

Sheesh - I need to be more positive lol.

Quoting jackiewal10:

That's not entirely true.  I have a friend that was in this "hypothetical" situation, without the overnight visits.  The father was NOT allowed to go against AAP guidelines.  Baby was BF and was not allowed solids.  Then is was discovered that the father was feeding the baby anyway, things like pretzels...  O.o  Well, turns out that dad put the baby in the hospital because of reactions to the foods he wasn't supposed to be giving.  Dad almost lost all custody over stupidity and thinking he was in the right.  If you friend goes into court with documented facts, the judge WILL listen. Judges don't know.  They know the law and listen to evidence.  Bring evidence with you.

Quoting SadieJames:

If I were the judge I was tell the to F off.

BUT visitation can still be allowed (overnights too) where dad can feed baby whatever he wants, unfortunately.  A friend of mine is going through this because her ex bf is giving their baby solid food and almost no formula at 6 months old.  When they went for their final custody she petitioned about it but technically she can't dictate what dad does as long as its not illegal.




Cruz-s-mommy
by Amanda on Apr. 4, 2013 at 12:25 AM
1 mom liked this
I should hope so! At least this is what any judge with any sense at all would say.


Quoting Zazayam:

Get out of my court.


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