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Breastfeeding may have impact on parenting plans

The dissolution of a marriage can understandably be complicated, especially for those with children. However, it can be even more difficult for parents in Texas who have a breastfeeding child. In light of this, breastfeeding can certainly have an impact on a child custody case, including on the parenting plans created during a divorce proceeding.

In Texas, judges may decide to consider breastfeeding when addressing child custody during a divorce proceeding. For instance, perhaps a judge may limit the number of times a breastfeeding baby spends the night with his or her father during the baby's first year. Then, once the child turns a year old, this limitation would be discontinued.

In past years, mothers usually always received custody of the children if they were under three years old. This had to do with a doctrine known as the tender years doctrine, where it was assumed that younger children had to be with their mothers primarily. However, nowadays, courts prefer for parents to develop their own schedules related to child custody and visitation.

Parents who are going through divorce can put together parenting plans through divorce mediation or informal negotiations. The benefit of these alternatives to traditional divorce litigation in Texas is that they help divorcing parents to avoid further court intrusion, which can be more costly and stressful. An attorney can provide a divorcing parent with the guidance he or she needs to pursue a custody schedule that meets his or her needs and most importantly takes into consideration the best interests of the children in the Lone Star State.

Source:, "Does Breastfeeding Affect Child Custody? Here's What Experts Have To Say", Steph Montgomery, May 30, 2018

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