Divorce is difficult. Throw in a child custody dispute and it becomes sorrow. Make that child an infant and it’s heartbreaking. LD 2307, a bill that adds breast-feeding to the list of factors a judge may consider in awarding custody, won’t make things any easier for the parents. It does, however, keep the emphasis properly focussed upon the best interests of the baby.

There is sound evidence that for almost every newborn, breast milk is the food of choice. Studies show it offers the best nourishment and builds a strong immune system; the act of breast-feeding strengthens both the mental development of the child and the psychological bond between mother and infant.

LD 2307, sponsored by Sen. Mary Cartcart of Orono and the result of recent, highly publicized divorce case in her district, does not elevate breast-feeding above the 15 factors already written into law that a judge considers in custody determinations. Those factors include stable living arrangements, histories of child abuse or domestic violence and the capacity to provide good care for the child. Certainly, the physical and psychological benefits of breast-feeding belong on that list. In fact, the specific listing of breast-feeding merely elaborates upon the exisitng catch-all criteria: “All other factors having a reasonable bearing on the pysical and psychological well-being of the child.

Critics of the bill point out that child custody decisions should be gender neutral, that there should be no statutory preference for mother or father. That’s a good guideline, but it cannot be a guiding principle. The final ruling on custody must not be based upon what pleases one or the other of the battling parents, but upon what is best for the child. For a child under the age of 1, breast-feeding is best. If that gives an edge to the mother, it’s not because of the law, it’s because of biology.

It’s important to remember also that a judge only imposes a custody plan when the parents are unable to agree on one. If parents cannot resolve their differences long enough to get their baby off to a healthy start in life, the judge needs every tool possible to make it happen. Further, LD 2307 only adds breast-feeding to the criteria during the first year of life. Surely, a clever judge, working in concert with parents truly acting in the best interests of their child, can devise a custody arrangement that strives to make that first birthday as healthy and happy as possible.