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Does a nursing mother get automatic child custody?

Post by Christopher Migliaccio

While child custody law takes into consideration the role of breastfeeding in an infant’s development, a nursing mother doesn’t automatically get custody. Of all factors taken into consideration, nursing is one piece of the puzzle. Talking with a Dallas child custody lawyer regarding the importance of nursing in custody cases may be helpful.

One important component of child custody law that may impact nursing mothers is the Tender Age Doctrine. This typically works in favor of nursing mothers, as it states that the interests of children under three-years-old may benefit from granting full custody to the primary parent with the non-custodial parent granted visitation rights. Unless there are signs of poor parenting or neglect, primary custody is typically awarded to the mother.

When talking with a Dallas child custody lawyer about your case, keep in mind the following must be taken into consideration regarding custody arrangements and visitation: 

  • frequency of visits;
  • duration of visits; and
  • special breastfeeding concerns (frequency of feedings, if pumping and bottling is an option, etc.).

If the parents cannot come to an agreement, the courts will decide for you, which is why it is important to have a lawyer on your side. Divorce and custody issues can be overwhelming, but with the right legal counsel, you can rest assured you are doing everything possible to safeguard your future and that of your baby. 

Providing Caring Child Custody Help to North Texas Families Since 2006

At Warren & Migliaccio LLP, we believe family is important. And through our years practicing family and bankruptcy law, we understand that circumstances may arise that necessitate legal help. We’re here to provide the guidance you need to proactively plan for your future. Call our Richardson law office today at 1-888-584-9614 or fill out our online contact form.

FAQ Category: Child Custody

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