How does parenting time or visitation occur for a child who is breastfeeding?

A judge in Virginia recently made headlines after ordering a breastfeeding mother to start bottle-feeding her 6-month-old daughter so that the child’s father could begin having overnight visits. Reporting on the issue sparked many debates about a variety of issues including:

Can a court order a mother to stop breastfeeding her child? Does a parent have the right to feed their child however they choose? What are the visitation rights for a dad of a child who is breastfeeding?

While there is no specific law in Oregon on the issue of what a court can order with regard to breastfeeding in a parenting plan, ORS 107.101 sets forth that it is the goal of the State of Oregon to “Assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child.” While it might be argued that a father who is asking for parenting time that would interfere with a breastfeeding schedule isn’t showing an “ability to act in the best interests of the child”, Oregon doesn’t have any laws saying that maintaining a breastfeeding routine is more important than a child bonding with his or her father. Oregon law does, however, have laws that address the importance of a child having a relationship with both parents. Specifically, ORS 107.105(1)(b) explicitly states that the courts in Oregon shall recognize the value of close contact with both parents and encourage, when practicable, joint responsibility for the welfare of such children and extensive contact between the minor children of the divided marriage and the parties.

Like anything, the result in court will depend on the specific circumstances of a case. However, the best possible outcome is usually one that involves two parents working together to create some resolution that addresses all of the needs of the child, including the child’s nutritional needs and attachment with both parents.

For parents who are facing issues involving parenting time for infant children, working with an Oregon family law attorney can help you set yourself and your children up for the best possible outcome.