Please note: We're very sad to learn that Elizabeth Baldwin died after a lengthy illness in 2003. Her husband and partner is carrying on with her work. Here is the interview Elizabeth did with StorkNet.

Elizabeth N. Baldwin, Esq. practices law in Miami, Florida. She consults with parents around the United States, helps them to create feasible visitation or parenting time plans for breastfed or securely attached children, and prepares "Recommendations for Parenting Time." She also conducts mediation nationwide, including phone mediation, and also prepares parents for mediation. She is considered to be the nation's leading expert on breastfeeding and the law, has appeared on numerous television shows, authored many articles with her husband and partner Kenneth, and speaks regularly at conferences and continuing education seminars. Elizabeth is also a La Leche League Leader, and a legal advisor to LLLI.

Articles on StorkNet, written by our guest:

So I Nursed Him Every 45 Minutes ~ Demand Nursing - Elizabeth N. Baldwin, Esq. & Kenneth A. Friedman, Esq. I nursed my first child every 45 minutes--big deal. Boy, was it! I never expected a child of mine to be so demanding. He had to nurse every 45 minutes or else . . . else he'd scream till the end of time. Or so I thought; I never found out. After all, if I let him nurse every 45 minutes, he was in seventh heaven, so who was I to complain?

Extended Breastfeeding and the Law - Elizabeth N. Baldwin, Esq. Over the past year, mothers have expressed growing concerns about the legality of extended breastfeeding. And with little wonder. The media has been giving more and more publicity to the subject, and social service agencies throughout the United States have been addressing these issues in their cases. Rest assured, however, breastfeeding is not child abuse or neglect, and no reported decisions to date claim that it is.

Is Breastfeeding Really a Visitation Issue? - Elizabeth N. Baldwin, Esq. & Kenneth A. Friedman, Esq. Breastfeeding mothers involved in family law cases are frequently challenged to protect the breastfeeding relationship. Why? Because society remains largely uneducated about breastfeeding, because the legal system reflects society's unenlightened attitudes, and because many people erroneously conclude that breastfeeding prohibits a close father-child bond. Protecting the breastfeeding relationship, however, means more than it says.

In the Best Interests of Breastfed Children ~ Visitation - Elizabeth N. Baldwin, Esq. Breastfeeding mothers are faced with a difficult challenge when they separate from the baby's father. The baby needs to spend time with the father frequently and without lengthy separations from the mother, in order to promote and protect the father's bond and the breastfeeding relationship. Many people (including the baby's father, lawyers, or judges) may not understand why it is important to protect the breastfeeding relationship.

Working It Out; Breastfeeding at Work - Elizabeth N. Baldwin, Esq. and Kenneth A. Friedman, Esq. - Encouraging nursing is good business. Here's how to convince your boss!

StorkNet thanks our guest Elizabeth Baldwin, Esq. for her informative visit with our members.

Visit Elizabeth's web site at www.compromisesolutions.com.

Thank you, StorkNet members, for participating in our interview with guest, Liz Baldwin, Esq. We're very grateful to our guest, and excited to provide the following interview.

BREASTFEEDING IN PUBLIC

Kirsten: What are the issues or legalities of breastfeeding in public school? Particularly as a volunteer in an elementary school, in the children's classroom.

Elizabeth N. Baldwin, Esq: It is really more of an issue, in most cases, than a question of legality. If you are in a state with legislation, then you may clearly have the right to breastfeed any place you have the right to be. If you are not, your right may still apply, and possibly even your constitutional right to breastfeed if it is a public school. However, on the practical note you are probably in the classroom with your older child, and making an issue out of it may not be best for him or her. However, there are many ways around this. One is to use a baby sling, where no one can tell whether the baby is sleeping or nursing. Another is to discuss it with the school, and to try to educate them about the issue. Note that Florida is the only state that we know of that clarified that breastfeeding is not harmful for minors.

EMPLOYMENT SITUATIONS

Women who return to work and want to continue breastfeeding should be applauded by our society for wanting to give the best to both their baby and their employer! Instead, many mothers are told that they cannot express breast milk on their break, or are not given sufficient break time. Some mothers are fired for breastfeeding issues, although that is rare. The most common situation is a mother who wants to express milk, but is having trouble finding a way to do it.

If you are having an employment problem, it can be essential to get some legal advice from a labor or employment attorney in your state, as there are often discrimination issues, and the strict time limits on filing discrimination claims could be missed if you do not act promptly. For most mothers, educating their employer and looking for feasible solutions is their best bet. Look through the illnesses that breastfeeding reduces the risk of, and find out if mom or dad has any of these in their families. Mothers can make a more compelling case for themselves, emphasizing these illnesses! La Leche League Leaders can help you to put together information to educate your employer, as well as how to present it in a good light. Also look towards breastfeeding coalitions or task forces, Healthy Mother Healthy Baby programs, and even Medela's Sanvita program that sets up lactation support in the workplace. Many times you can get good information that is already designed to educate employers from them.

Amy M: Do laws that protect a woman's right to breastfeed also apply to expressing milk? For example, sometimes when I'm away from work and don't have a private place to pump, I have to stand in the public portion of the ladies restroom to pump (miserable!). No one has said anything to me, but if they did, might breastfeeding laws protect me?

Elizabeth N. Baldwin, Esq: It is debatable whether breastfeeding in public laws apply to employment situations. Note that the laws all talk about actual breastfeeding, and not the expression of breast milk. However, there are three states that require employers to accommodate breastfeeding mothers when they return to work - Minnesota, Tennessee, and Hawaii. Several others encourage employers to accommodate mothers. If you are not in one of these states, you may or may not have a 'legal right' to enforce pumping. It may depend on whether your employer's actions are discriminatory in nature.

Most mothers will look at how to work the situation out, by looking at what is feasible, and then approaching their employer with an "I'm sure we can work this out" type attitude. Note that there is much information out there on the benefits to the employer to support breastfeeding. Get some of that together, and hopefully you can put your heads together and work out a solution!

Sheila: I have been looking for any information available on Oklahoma State laws for breastfeeding. I work for a State Correctional Center and will be returning to work soon after my baby's birth and do not know if I will be allowed to bring a breastpump in with me to work. Any help appreciated. Thank you.

Elizabeth N. Baldwin, Esq: I am not aware of any laws in Oklahoma on this, and you would need to consult with an attorney licensed in your state to determine what your rights are or are not. Given the setting you work in, you may well get some resistance, but I encourage you to look at what is feasible, and to try to work this out with them if you can. Try educating them about the importance of breastfeeding, and figure out yourself where and how you could pump with the least disturbance to everyone - including yourself!

FAMILY LAW QUESTIONS

The most difficult breastfeeding legal cases are ones in family law, where custody and visitation (parenting time) decisions can affect the breastfeeding relationship, and the bond of biology that the baby has with the mother. However, breastfeeding is not inconsistent with the father's bond. Both are important and valuable, and both can be protected. The usual way that this is accomplished is by either working this out with the other parent, or by coming up with a specific, feasible parenting time plan that promotes both interests.

Working things out with the other parent is another way of describing settling your case. While there are 50 ways to leave your lover, there are 50 ways to settle your case! Mediation is just one form of settlement, and it works so well because there is a neutral third party there to help you come up with practical solutions. However, whether you try to settle your case yourself, with lawyers or through mediation, there are two factors I help parents to consider. First is to look at exactly what you want, which may mean preparing a very specific parenting time plan that goes throughout childhood. Second, is to look at the other parent, what they are like, and what is likely to win them over. While I conduct mediations nationwide (I am also a mediator), I also prepare parents for mediation, as many people do not realize that the strategies that work in court rarely work for settlement.

Whether you settle or litigate, having a practical parenting time plan that addresses all the issues involved is very helpful, as it gives solutions to problems, from the people that know the children best. However, as every baby and case is different, plans should be devised specifically for each family. I have assisted hundreds of parents in devising plans, and when I do so we look at a variety of factors, such as how old the baby is, what style of parenting is being used, what separations the baby is accustomed to from each parent, what work or school schedules must be considered, how far apart the parents live from each other, and how well they can get along with each other. Plans can be very easy to create, or very difficult, depending on the facts involved.

Don't forget that these cases are my passion, and I am more than happy to discuss any family law case with anyone interested. I consult with parents - both mothers and fathers - and help them to look at what will work in their case. As a mediator, I also help people to 'end the war', and settle their cases. Please feel free to call me in my office at 305-944-9100. Ask for my secretary April at extension 233, and set up a time to speak to me. There is no charge to talk to me about your case, and hopefully I can give you some information and a few pointers to help you deal with these issues. Remember that I cannot give you legal advice - only an attorney licensed in your state can provide those services. My services are as an expert on breastfeeding and securely attached children and I serve as consultant to parents and their attorneys only.

Michelle: I am currently 8 months pregnant and planning on breastfeeding my new baby. The problem is that the baby's father left me and I am concerned about visitation and still continuing to breastfeed. The father is not supportive of me breastfeeding so I know that this will definitely be an issue. I don't know how to go about this with the legal system. If you have any suggestions, they would be greatly appreciated.

Elizabeth N. Baldwin, Esq: How difficult it must be for you to be pregnant and worrying about visitation issues! You have reason to be concerned, but there is much you can do. First is to educate everyone involved (your lawyer, any guardians, evaluators, or others involved in your legal case if one has been filed), as well as the father about what an important health choice this is for his baby.

Note that breastfeeding reduces the baby's risk of so many illnesses, and the longer you breastfeed the more you reduce the risk. These illnesses include asthma, diabetes, meningitis, crohn's and celiac disease, chronic liver disorders, and even some childhood cancers. It also reduces the risk of SIDS (Sudden Infant Death Syndrome), and it has been shown that breastfed babies have higher IQs. Breastfeeding is such an important health choice that nearly 1/2 of the states in the US have legislation designed to increase the rates, and three states specify that breastfeeding is a factor in family law cases. (Maine, Michigan and Idaho). A good source of information about breastfeeding is the Recommendations of the American Academy of Pediatrics.

But, resolving your situation will involve more than just educating about the importance of breastfeeding. Many parents find that it is helpful for both settlement and for court to come up with at least one and maybe even more than one feasible parenting time plan that can provide the father with significant time with the baby, even from birth. For many newborn breastfed babies, it may involve Dad coming to see the baby very frequently in the Mom's home, until the baby is older. Remember that newborn babies are not supposed to get pacifiers or bottles until breastfeeding is well established, at least 4-6 weeks in many expert opinions. Even after that, short, frequent visits are still ideal, as babies have very short memories, and breastfeeding on demand is recommended.

Note that as your baby grows, a plan should be changing every month or two when the baby is very young, and every few months after that working towards what the desired goal is for time with each of you. Whether you are able to settle these matters with him directly, through mediation or through lawyers, the best plan is developed by the parents, not by strangers. It is important to get legal advice from an attorney in your state as to your rights, and as to how parenting time with very young children is handled in your state. Some jurisdictions have guidelines for young children, but most do not. It is just as important that you look at what will work for all of you, while addressing any issues or concerns that both of you might have.

Lisa: Dear Elizabeth, I breastfeed my youngest who is 9 months old. He has never spent a night away with his dad because of this. My ex takes the other two every other weekend. He is pressuring me to stop breastfeeding. I would like to breastfeed until my baby self-weans. I didn't do this with my first two, so "daddy" is having fits. Do I have a right to breastfeed as long as possible? I'm in Oregon. Thank you for being here.

Elizabeth N. Baldwin, Esq: The right to breastfeed is not as clear in family law cases. However, I doubt that your problem is really breastfeeding, but rather separation and bonding issues. For instance, if you weaned tomorrow, would that mean that your baby could easily be apart from you for a full weekend? I doubt it, unless the baby is accustomed to long and frequent separations from you. Also, past one year of age, it is not a breastfeeding issue, as babies can be apart from you for longer periods of time (even overnight) and not wean as they are more prone to under 12 months of age. That does not mean that overnights are good for 12 month old babies! As each baby is different, there are a variety of factors to look at in deciding when to start overnights. However, I hope that this information clarifies that this is a separation and bonding issue, rather than a breastfeeding one, especially as the baby grows and regardless of how long he or she breastfeeds.

For the securely attached baby (breastfed or not) who is not accustomed to separations, full weekend visitation should be worked up to gradually. For instance, it is best for a child to work up to and be accustomed to two full days before starting a short overnight. Every few months the overnight can be expanded in length, working up towards the full weekend. Some experts do not believe that overnights are appropriate before age two, weekends at age three, and full week long visits until kindergarten age. However, it depends on the child and the style of parenting. Also, if a child is not ready for full days, overnights, weekends or long summer visits, then it is very helpful to come up with a feasible plan that gives plenty of time to Dad while working up to these goals. The idea is to give as much time as your child can handle, not the minimum, and to offer Dad very frequent contact in the meantime.

There are many ways to fashion parenting time where the father has a significant and meaningful bond and the mother continues to breastfeeding, and it should rarely if ever be necessary to pick one over the other. You can breastfeed for as long as your child wants, as long as you can find a way for him to have a close loving relationship with Dad in the meantime. Dad's bond is of paramount concern - so is the breastfeeding. Look for ways to satisfy both!

Catherine: My baby is 3 months old. I am breastfeeding and my husband doesn't like it. He is vocal about it and it is getting worse with each week. I don't understand it. Isn't it a woman's right to breastfeed? He is a good husband in many ways, but he is intimidating and I could almost call this abuse. Is it?

Elizabeth N. Baldwin, Esq: I would imagine that your husband's feelings about breastfeeding come from the misinformation that is so prevalent in our society. Remember that breastfeeding skipped several generations, and so many do not understand what an important health choice this is. Try educating him with materials from the American Academy of Pediatrics, and help him to understand how breastfeeding benefits him:

• A baby who is sick less. Breastfed babies are only one-half as likely to become sick in the first year of life.
• Smarter baby. Studies show increased IQ when mothers breastfeed.
• Less risk of many serious illnesses. If any of the illnesses breastfeeding protects against are in either of your families, then it is even more essential that you breastfeed as long as possible.
• Less risk of the mother developing breast, ovarian and cervical cancer, and the longer one breastfeeds, the more the risk is reduced.
• Less maternal and paternal absenteeism for sick children.
• Less money spent on formula (it is expensive!) and bottle accessories.
• Close, loving bond with mom, which results in the baby forming closer bonds with Dad and others.

You might also want to consider marital counseling for the two of you. It sounds as if this issue is taking toll on both of you!

Anonymous: My marriage is really horrible and progressively getting worse. He is not physically abusive, but he is out partying at night and comes in drunk in the morning. I am due in January and thinking of moving in with my parents as soon as possible. What can I look forward to if I breastfeed and my husband wants time with the baby? Will breastfeeding keep my baby safe with me?

Elizabeth N. Baldwin, Esq: Breastfeeding is not a reason to restrict Dad's access, and unless he can have significant time with the baby in a manner that allows breastfeeding to continue, you may well have problems. The courts will not pick breastfeeding over the father's bond, and if they think that they must pick, they will pick Dad as the public policy of many states is to provide frequent and continuing contact with both parents after they separate. If you leave and move in with your parents and they do not live nearby, your problems may become quite huge. Even without domestic violence issues, if parents cannot effectuate frequent contact, it may be impossible to avoid lengthy separations from their babies, even very young ones. I have seen courts award two weeks in the summer with a three month old breastfed baby, and routinely four weeks in the summer with twelve month olds. When parents live in different states, it may be impossible to avoid month long separations. Even in the same town it can be difficult.

I would urge you to get into counseling, with him if possible, but yourself even if he is unwilling to go. Mothers who are thinking of leaving their relationship should have a plan, where they are going to live, how they are going to support themselves, and how the children can form or maintain a close bond with both parents before they leave. A counselor can help you to look at these issues ahead of time.

Sheila: My husband and I are separated. He expects me to pump and send the baby to him with a bottle. Is this necessary? I'm in California. What are my rights?

Elizabeth N. Baldwin, Esq: It is rarely a matter of rights, but instead looking at what can work and what is best for the baby. In some situations, pumping is a practical solution for the father to have more time. In other situations, it may be inappropriate, such as when it is used to take the baby away from the mother for longer than the baby can handle. Pumping is not a substitute for breastfeeding, and it does not address the problem of separations from the mother. On the other hand, many mothers will prefer to send some breast milk once out-of-home visits are taking place, even if they are short visits, to insure that the baby does not go hungry. Whether pumping is necessary or helpful depends on so many factors, such as how old the baby is, what style of parenting the mother is engaging in, how far apart the two of you live, and what time he is getting with the baby now.

Rita: I'm a widow and am breastfeeding my 13 month old. The baby's paternal grandmother is very angry that I'm still breastfeeding because she says that it keeps her from having her granddaughter for extended periods for visit. This is causing a rift between us. She misses her son, (I miss my husband!), and her granddaughter is her link to him. But I don't want to give up my baby for long hours. I also do not think she would feed the baby pumped breast milk since she thinks formula is just fine. I don't want to confuse Kelley's digestive tract. I'm very sad and considering moving away. Do you have any words of wisdom or suggestions how I can deal with her? Thank you ahead of time. I'm very confused how to handle this added stress.

Elizabeth N. Baldwin, Esq: What a difficult situation for you! I'm sure that you want your child to love her grandmother very much, but you must feel pulled from her with this. I don't know what contact the baby's grandmother has, but one way to resolve this with her might be by educating about breastfeeding, and looking at how to help her feel bonded without long separations from you. Absolutely, grandma should not be giving your baby any formula, and should be cooperating with your breastfeeding, as this is best for everyone concerned! Also, extended visits with her will not help her grandchild bond to her, but instead may result in the baby associating grandma with grief and sadness, as the baby would be missing you.

I would suggest that you get some legal advice from an attorney in your state, as the grandmother may not have a leg to stand on in telling you what to do! If you know what your rights are, you will be in a better position to determine how you want to handle this situation.

MISCELLANEOUS ISSUES

There are many other areas of the law that breastfeeding touches upon. One is hospital cases, where the mother and baby may be separated. Another is jury duty. In these other types of cases, education about breastfeeding and looking at practical solutions is most often the best way to handle them. La Leche League Leaders can help you put together helpful information about the importance of breastfeeding, and how to present it in the best possible light! Feel free to contact your local LLL Leader for assistance. She can work with the LLLI's Professional Liaison Department in helping you with your situation.

Crystal: What are my rights as a nursing mother after being sent to a baby mother unit? My hospital "allows only limited rooming in its policy." They "allow" according to their policy nursing on demand which to them is they bring baby back to you if baby is hysterical or they put your baby on a routine that they set up. What are my rights? I live in Kentucky. I want my baby to stay with me and not have to cry to be nursed. I want to bathe my own child in my room not having them bathe him/her. They won't allow any moms back in the bathing or observation area where they hold your child "hostage." Thank you.

Elizabeth N. Baldwin, Esq: I cannot give you legal advice, and you will need to consult with an attorney in your state to determine what your rights might be. I can tell you that regardless of laws, many mothers would try to work this out with the doctors and hospital involved, by educating them about the issues, and also by looking for a practical solution that addresses your concerns as well as theirs.

Carly: I want to bring my baby with me in the hospital (in New Jersey) so I can feed her EBM myself and hold her. My surgery is not major and I will be alert within a couple hours, probably going home that evening. My husband and mother will care for her and just bring her to me to see later in the day. The hospital is giving me some trouble with this. Should I be insistent? Thank you.

Elizabeth N. Baldwin, Esq: Only you can answer the question as to how insistent you should be. However, this may depend on 'how much trouble' they are giving you. Have you tried to discuss this with your doctor? I would also look at what the hospital's problem is, and whether there are ways to satisfy their concerns while protecting your breastfeeding relationship. Note that New Jersey does have a law on breastfeeding, and you may want to consult with an attorney licensed in New Jersey to determine if that law might help you.

Cheryl: Are you exempt of jury duty if you are breastfeeding?

Elizabeth N. Baldwin, Esq: A few states exempt breastfeeding mothers from jury duty, but most do not. Note that some states exempt parents who are at home caring for a child under the age of five or six from jury duty, and many other states have hardship exemptions that could apply. If you are trying to get out of jury duty in a state that has no law, consider educating them about the effect on you if you cannot breastfeed or pump. For instance, they may not be convinced by a mother saying the baby can't be apart from her. They may be more convinced if they realize that if you can't breastfeed that you could be leaking milk from huge, engorged breasts, or develop a breast infection that could result in an abscess with surgery. Remember that babies are generally not allowed in court. If you cannot leave your baby even to initially appear, consider making an appointment ahead of time to discuss it with the clerk/Judge's secretary or even the Judge, or have someone wait with the baby out in the hall - you could be held in contempt in some places for bringing the baby into the courtroom!

Please visit Elizabeth's web site at www.compromisesolutions.com. StorkNet thanks our guest Elizabeth Baldwin, Esq. for her informative visit with our members and visitors.