Your Voice In Life's Uncertain Times

Babies and custody: A tough decision

| May 1, 2020 | Family Law |

Your child is very small, and you’re worried that if they go with their father, they won’t get the right nutrition or bonding time like they would if they were with you. They’re still nursing, and it makes sense for them to be with you.

You are right that it can be harder to make a custody plan for an infant or baby. They need consistency and have short memories. They need frequent contact with both parents. Their needs change rapidly, and both parents have to be up-to-date on those changes.

Is it more responsible to leave a baby or infant with their mother?

If the baby is breastfeeding, it makes sense to avoid overnight visits until they’re old enough to go without it or until they are also eating solids. It also makes sense to make a schedule that considers the need for breastfeeding, so the other parent may need to visit in the mother’s home or take the child only for a short time with a bottle.

What if the child is bottle-fed formula?

In the case that your child uses formula instead of breast milk, it may be easier to set up a custody plan. You and the child’s father might be able to exchange custody daily or come over for regular visitation each day. This is something to discuss based on your child’s dietary needs and how they respond to exchanging custody back and forth. Some infants and babies may be more tolerant to this than others, so your custody schedule may need to be flexible to your child’s needs.