Legal Question in Family Law in Florida

Re: breastfeeding daughter

Hello: A full discussion on the law regarding custody cases would need more time. I can forward you to the exact statute that the court will follow when determining custody. That is section 61.13, Florida Statutes. You can get there by Googling Florida Statutes.

Basically, the court is looking out for the best interests of the child. If you don't have a criminal record, are a good mother, live in a decent place and can afford to take care of the child, you should be awarded custody. The father would probably get visitation rights...probably the every other weekend arrangement. However, given this child's age, and that you are breast-feeding, the father may only get some daily hours on a Sat. and Sun. I haven't had a case with that issue yet. The other side may argue the child can use formula from a bottle, thus he could have the child overnight. You may need to bring your Dr. to the hearing.

I would add...even though the child is an infant, and you are very attached to him/her...and you would be very worried about the child in someone else's care, the law does say each parent can care for a child, even an infant. So be ready to accept the father will get some overnight visitation at some point unless he is not a fit parent and it would not be in the best interests of the child. If you have never been in a situation with the other parent getting visitation with a child, it takes some ... a lot of, work...exchanging info about the child's health , making sure that parent feeds the child right and has a clean place that is also safe, exchanging clothes, making phone calls to his house when the child is old enough to talk, etc. It's always worth fighting for.

'Hope this helps. If my office can bve of any assistance, give me a call. Tom Rosenblum