It’s logical to imagine that a child who is fed solely through breastfeeding will have a shorter period of time with the father. But what if the child has already started solid foods and breastfeeding isn’t their sole source of sustenance?
The TJMT understood that breastfeeding, even if not exclusive, justifies the reduction of coexistence between father and child.
In the case under consideration, the first-instance court issued a decision granting the father, who lived in a different city than his son, that visitation would take place from 10:00 AM to 6:00 PM whenever the father was in the son’s city and that school vacations would be divided proportionally between the parents. Dissatisfied, the mother appealed the decision, and the MT Court of Justice ultimately modified the period of cohabitation to supervised visits by the mother from 2:00 PM to 6:00 PM at the mother’s residence. The decision upheld the best interests of the one-year-old child, aiming to protect the child’s development, which would be harmed by spending so much time away from his mother, who was still breastfeeding him.
