EBF 8 week old and court date

[SueDeNym08]

Hello, everyone! This is my first time posting in this forum. I hope you can help me get the information I need to solve a problem.

I am expected to be in court next week. I need to be available to stay for the entire court calendar if necessary. This is my problem: my son is 8 weeks old and has never had a bottle. I don't plan on giving him one. He eats every two hours or so. Children are not allowed at this hearing. Florida law states that I can breastfeed my child anywhere I am authorized to be.

I anticipate a lot of resistance from courthouse staff and possibly even the judge (or general magistrate). I'm not even sure I will be allowed in the courtroom if I try to bring my baby. I may not get the opportunity to speak with the judge if there is an issue about his presence. What can I do? If I am not present in the courtroom for the hearing, the other party will get everything they are asking for (FYI, ODD's father is petitioning for reduced child support. If I don't give the court a reason to deny his request, they will allow the decrease). I dont have $ for an attorney. I am self-represented. What should I do?

[Lil'M]

Well, if your baby is not allowed in the courtroom, could you have a friend/relative stay with your baby in the hallway (maybe wearing baby in a sling if that is what is familiar to your babe) and you can let the court know that you need breaks every two hours to go out to the hallway to breastfeed?

I would call and see if that would work.

Good luck!

[Rikki Jean]

Originally Posted by Lil'M

Well, if your baby is not allowed in the courtroom, could you have a friend/relative stay with your baby in the hallway (maybe wearing baby in a sling if that is what is familiar to your babe) and you can let the court know that you need breaks every two hours to go out to the hallway to breastfeed?

I would call and see if that would work.

Good luck!

I was going to say the same thing!

[Romana]

I agree with Miriam. The baby will be allowed in the building, just not in the courtroom itself. Plan to nurse before you have to go in, make sure the judge's clerk knows what the situation is (check in so they know you're there, explain that you may have to step out for 10 minutes to nurse baby if necessary so they know to wait for you). Your case can always be re-called if you get called and are not there. Also, if you do have to step out, while you are nursing the baby your friend should go in. Your friend should approach the clerk and say "Sue for *Casename* has had to step into the hall and will be back as soon as she can be, could you please not call *Casename* for a few minutes?" Honestly, the clerk would rather set it aside until you're in the room than call it and irritate the judge by having to set it aside and re-call it.

It should not be an issue. Just bring a friend and communicate with the clerk (and, if necessary, the judge) about your needs. Make sure you say you have a "newborn baby," not an "eight week old." The baby is still a newborn and that means a lot more to a non-mom or a non-breastfeeding mom than "eight week old."

HTH!

[Latte Mama]

I'm sorry to hear of your dilemma. I have heard of a variation of these types of situations before and I'll try to tell you as much as I know. Yes, the law states you can BF your child where you are authorized to be. The problem is, children aren't allowed in court, correct? So this isn't an issue of BF discrimination at all. They wouldn't allow bottlefed babies either, see? They're saying NO kids at all can be there.

Personally, it would be nice to make an exception but then they'd have to do it for everyone, not just BF'ing moms. I'm sure family court is pretty hard on kids and that's why they have this rule.

Think of it like this, the law is the same where I live, but that doesn't mean I can bring my child anywhere I want because I BF. A bar, my job, adult venue, etc. The law is meant to protect nursing mothers to go about their regular, normal daily lives. I think it's probably a rare occurrence when a situation pops up when we have to be someplace that children are prohibited.

Can you leave the babe with a relative for a few hours? I hate to see you lose the chance at the extra $.

ETA: See, you got the solution in the time I posted! They shouldn't have an issue with the baby being in the building right?

[khaoskat]

Is there someone who can be at the Courthouse with you to watch the baby while you are in the hearing?

If not, then I would just ask the Court for a continuance based upon the fact you have a newborn and no childcare available and you are the baby's sole source of food.

[khaoskat]

Generally children are allowed in the Court building. There is no law that excludes children from Court Hearings, but many (ok, I don't know of a single judge who would allow one to sit through a case or a docket call) Judges wont allow them in the Court because they can be a distraction and make it hard for testimony to be heard.

Just think of it like this (non baby related). Everyone who has Court that day brings their cell phone if they own one. While it is not illegal to bring your cell phone into Court or the Court room, you will be kicked out of the Courtroom and some judges will hold you in contempt for leaving your phone ringer on. If you ever watch an attorney in Court, we all put our phones on either silent or vibe. You are told when you walk into Court, that there are no cell phones, no hats, and even told to correct inappropriate clothing.

If people's phones were to just start ringing, it would be a huge distraction to Court staff, the Judge, Attorney's and Witnesses. It would also make it difficult for people to hear questions being asked or to hear answers to questions that have been asked.

[boobs4milk]

could you ask for a hearing in chambers? i got a hearing in chambers when i had to bring my children with me. they weren't bf at the time, but we had other issues.

good luck!!!

[Emmeline II]

Originally Posted by boobs4milk

could you ask for a hearing in chambers? i got a hearing in chambers when i had to bring my children with me. they weren't bf at the time, but we had other issues.

good luck!!!

Second choice, telling the clerk/judge you have a breastfed newborn and ask if you can sit in the courtroom if the babe does not disturb the proceeding.

Third choice, keep the babe outside with someone.

People have posted here about judges making exceptions or accommodations for young infants.

Also, if you have to leave the babe with someone, they could feed with a dropper; that is probably all they would do that day though.

[Mandynee22]

Originally Posted by Lil'M

Well, if your baby is not allowed in the courtroom, could you have a friend/relative stay with your baby in the hallway (maybe wearing baby in a sling if that is what is familiar to your babe) and you can let the court know that you need breaks every two hours to go out to the hallway to breastfeed?

I would call and see if that would work.

Good luck!

This. I've done it and while you usually have to wait in the courtroom, one of the guard people told me she would just get me from the hallway when it was my turn. GL

ETA- and IDK how different it is there but here you meet with the magistrate first (or whatever they're called) in a room by yourselves and I could bring DS in there (I BFd him during that part, too come to think of it LOL) and the judge part is only in the courtroom.

[aleatha5]

Ask for a continuance. Is it his motion or yours? I'd just ask the court for a continuance and say that, for medical reasons, you can't be in the courtroom all day and request a continuance for a month, two months, or whatever.

[mauinokaoi]

If you know the judges name, call and ask first. His/her courtroom his/her decision. You might be surprised at the answer you get.

Or you could just bring the babe in (some people don't even notice a baby in a sling. Better to ask forgiveness than be denied permission?

[khaoskat]

Originally Posted by mauinokaoi

If you know the judges name, call and ask first. His/her courtroom his/her decision. You might be surprised at the answer you get.

Or you could just bring the babe in (some people don't even notice a baby in a sling. Better to ask forgiveness than be denied permission?

You will probably get more sympathy in domestic relations or juvenile...

but in the civil and criminal divisions where I am at...the deputies have no qualms about showing you the door before you even sit down with a baby in the Court room. I have seen them send people out the door and force them to wait in the hall just because they forgot to turn off their cell phone, or closed their eyes while sitting through criminal docket waiting to be called for hours on end.