'Breastfeeding Rights' vs 'Child Visitation Rights' Conflict
Court Often Orders "Use a Bottle"
Mother Also Protests, "Why Hurt the Child?"
In child custody lawsuits in the United States, cases where a mother's 'breastfeeding rights' clash with a father's 'child visitation rights' are increasing.
On the 1st (local time), The Washington Post (WP) reported, "In child custody lawsuits, breastfeeding mothers are often ordered to use bottles." According to the report, recently in the U.S., during court battles over custody of infants, disputes have arisen over whether mothers who limit fathers' visitation rights have the right to continue direct breastfeeding.
It is known that in such disputes, the mother's right to breastfeed and the father's child visitation rights often conflict. Mothers argue that breastfeeding must continue for the baby's health, while fathers counter that the frequent breastfeeding sessions, sometimes every 1 to 2 hours, are used as an excuse to deny their visitation rights.
However, courts are frequently reported to order mothers to stop breastfeeding. In November last year, Aletta Ramirez was ordered by the court to stop direct breastfeeding her 6-month-old daughter and switch to bottle feeding. Ramirez shared her story with WP, asking, "Why are they forcing me to stop breastfeeding?"
Ramirez separated from the baby's father shortly after giving birth to her daughter in July last year. She was an experienced mother who had previously breastfed her son for two years. Based on endorsements from the World Health Organization (WHO) and the American Academy of Pediatrics that breast milk protects newborns from diseases, she continued direct breastfeeding with her daughter.
However, following a court ruling in November last year, the father was allowed to see the baby four days a week, and starting this month, overnight visits were also permitted. Additionally, the court order included the condition that "the mother must feed the baby on schedule and make every effort to use bottles."
Mother: "Why hurt my daughter?" vs Father: "Using breastfeeding as a weapon"
According to Ramirez, she tried pumping breast milk, but initially, milk did not come out as it did during direct breastfeeding, and the baby refused the bottle. Moreover, the baby feeds as frequently as every hour, and the baby's father complained that his visitation times were being disrupted.
Ramirez expressed that she "cannot understand why the court is hurting her daughter." However, even her lawyer advises that it is best to comply with the court order and recommends weaning.
In response, the baby's father's lawyer told WP, "In lawsuits where breastfeeding time is an issue, mothers often refuse to acknowledge the father's visitation rights and reject pumping. Mothers come up with countless excuses. They use breastfeeding as a weapon against visitation rights."
Stephanie Bodak Nicholson of La Leche League, a global breastfeeding support organization, explained, "Over the past 30 years, we have received at least one inquiry annually about breastfeeding in custody disputes," suggesting that such cases are quite common.
However, Megan Bunn, a professor at Wake Forest Law School, pointed out, "Breastfeeding is just one of the factors considered by state courts," adding, "'Only mothers can care for young infants' is considered discriminatory against men and no longer holds."
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