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Do Parents of a Breastfeeding Newborn Still Share Parenting Time?

 Posted on September 09, 2022 in Child Custody

IL family lawyerParents who are divorced, legally separated, or who have never been married need to create a parenting plan for shared children under age 18. Older children, who are more independent, are often easier to make flexible arrangements for. Younger children require more attention and care, but as long as they have what they need, they can transition well between their parents’ homes. For newborn babies and very young children, however, moving between houses can prove quite difficult. Although Illinois law gives no automatic preference to either parent, there is no question that newborn infants are primarily dependent upon their mother for constant care, especially when it comes to the issue of breastfeeding.

Can a Father Get Shared Custody of an Infant?

When most parents speak of “shared custody,” they mean both decision-making authority and the right to spend time with their child. In Illinois, these terms are distinct as known as “parental responsibilities” and “parenting time,” respectively. While parents of an infant may easily share parental responsibilities, sharing parenting time can prove trickier.

Fathers of infants may struggle to establish a strong bond with their child without being able to spend important chunks of time together. Overnight and weekend stays are important for both father and child, especially when creating an initial bond. And while judges want to see young children have a strong relationship with their fathers, they are also sensitive to the fact that breastfeeding is a task that falls exclusively on the shoulders of mothers.

That being said, some flexibility on the part of both parents can make it possible to share a parenting schedule that works for everyone. One way to do this is by using formula or pumped breastmilk that the father can take along with the child. Mothers of new children may be reluctant to say goodbye to their child for extended periods of time, but it is important to remember that fathers are equally entitled to spend time with their children.

Courts are sensitive to the fact that either parent may try using the delicate circumstances surrounding infant care to try to manipulate parenting time away from each other. Mothers who refuse to be flexible or fathers who seem willing to interrupt breastfeeding for their own benefit will not be looked upon kindly by the court. Even if it is deemed necessary for a child to mostly be with his or her mother in the early months of life, a child’s continued development will necessitate shared parenting time. Parents can prepare for that ahead of time by being willing to compromise and work together to find an arrangement that is in the child’s best interests from the beginning.

Contact a DuPage County Parenting Time Lawyer

Managing issues of parenting time when your little one is so young and dependent on their mother for 24/7 care can be logistically and emotionally difficult. Get help resolving this and other parenting issues with the aid of the experienced team of Arlington Heights parenting time attorneys with A. Traub & Associates. We will do our best to suit our strategy to your preferences and work hard to protect your parenting rights. Call 847-749-4182 today to schedule a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000

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