Quick legal advice
A client contacted our counseling center with the following question: “After breaking up with my partner, we’re working out custody arrangements for our 14-month-old son. I’d like to care for him on a regular basis and have him stay overnight with me, but my partner says that’s not possible right now because she’s still breastfeeding him. I’ve spent a lot of time with my son since he was born and have routinely taken care of him on my own. Does breastfeeding automatically mean that the court won’t grant joint custody or allow him to stay overnight with me?”
Breastfeeding itself or the child’s young age does not automatically preclude care by both parents. However, in the case of very young children, the court takes their age, current routine, and specific needs into account to a greater extent than, for example, with school-age children. Key factors will include who has primarily cared for the child thus far, the child’s relationship with both parents, the extent to which the child is dependent on breastfeeding, whether the child is accustomed to being without the mother, and whether the other parent is already capable of caring for the child independently.
At the same time, it is not the case that one parent automatically has the right to custody for exactly half the time. The court seeks an arrangement that best meets the needs of the specific child. For a toddler, therefore, a traditional schedule—such as one week with one parent and one week with the other—may not be appropriate, even if both parents are interested in custody.
A solution may involve gradually expanding the child’s time with the other parent, starting with shorter periods during which the child gets used to staying with that parent. As the child gets older, the arrangement may then change further. Breastfeeding is therefore a factor that the court will take into account, but it is not in itself a reason why the other parent could not play a significant role in the child’s care.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
