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Help - Breastfeeding Rights

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Hello I am trying to find any kind of help or information regarding my rights to breastfeed my 11 month old son.  I had been a victim of domestic violence by his father and finally left September of 2009.  He was arrested and still awaits his trial for spousal abuse, child endargement and crimal threats but have already been to court for custody.  Unfortunately I was a stay at home Mom and when I left I had nothing.  No money for an attorney.  He of course had money for an attorney and he took the custody and DV order to trial.  The judge told me in December that "it was time to put him on formula" so Dad can have overnight visits.  After the trail was heard and I failed miserably she then told me I had four weeks to ween my son off breastmilk so Dad can have custody.  She went against everything the mediator recommended and suggested for what was the best interest for my 11 month old son.  It actually says this in my court transcripts.  He is still awaiting trial for these charges but his first hearing isn't for another month.  I have never done anything such as drugs, any criminal charges ... nothing other than been a Mom of three children and have worked most of my life.  I went into this naively and thought you went to court and told the truth and the judge/courts would do what is best for the child.   I still can't believe what happened ... I am shocked and heart broken.  This is why woman do not leave.  I rather of lived with the abuse every day than have to watch my baby go through this.

Any information on breestfeeding rights would be greatly appreciated.

A Desperate Mom

catherineleighb@aol.com

 

 

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amamasblog 5 pts

Sorry you are dealing with this, and just a thought, but could you pump enough milk for when your baby visits Dad?  Then your son can still have breastmilk when he is away from you.   Can you call a news station in your area, or a newspaper?  Sometimes if the media picks up on a story like this, it can help. 

Also, since your son is 11 months old, I imagine he is having some solid food as well.  If you pump while he is away from you, you will still make milk, and when you get your baby back you can still nurse him.  Unless a judge sends someone to your home to watch you 24/7, I don't see how they would know he is being nursed.  If your son was a newborn this would be harder, but I imagine he would get formula and a few solids while he is at his dad's, or send pumped breastmilk over to Dad's, and if Dad doesn't want to give him your milk, then make him go buy the formula.  If Dad says anything to you about you still having breastmilk, the truth is you can make milk for many weeks sometimes even after you stop nursing.  Or, don't send the breastmilk over if he is going to give you a hard time about it, and just nurse your son when you have him.

Please update this, and let us know what happens.  This really stinks.  No one should be ordered to wean.  HUGS!!

Good luck. 

Heather
*A Mama's Blog ( http://www.amamasblog.com/ )

Scylla 5 pts

I am not sure where you are located but you need to contact the Bar Association for your State and any local law schools. Tell them your story and ask for assistance finding pro bono representation.

You need to speak to an attorney a.s.a.p., your local D.V. women's organizations should be able to help you too. 

I am sorry you are having to go through this.

laydeedancer 5 pts

Hi there! I read your post and wanted to pass on some links that may be helpful for you.

I have been active with the La Leche League Mother to Mother forums since by daughter was a newborn. I highly recommend them for support and questions. Each state has different laws about breastfeeding. I suggest you look at www.llli.org ( http://www.llli.org/ ) for more info.

This is an article about extended breastfeeding in relation to divorce http://www.llli.org/ba/Feb01.html

This is an article about breastfeeding and visitation plans. http://www.llli.org/NB/NBJanFeb96p4.html

This is info on breastfeeding and family law http://www.llli.org/Law/FamilyLaw.html

You mentioned that you were a survivor of domestic violence. The National Domestic Violence Network may be able to offer you support, answers and referrals to attorneys in your state. http://www.ndvh.org/

Please dont give up! I am thinking of you, whoever you are, and wishing all the very best!