Difference between revisions of "Tender years doctrine"
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| − | The '''tender years doctrine''' is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years (generally regarded as the age of four and under), the mother should have custody of the child. The doctrine often arises in divorce proceedings. |
+ | The '''tender years doctrine''' is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years (generally regarded as the age of four and under), the mother should have custody of the child as it is natural for a young child to be with their mother. The doctrine often arises in divorce proceedings. |
| + | Many countries have officially abolished the doctrine but continue to follow it in practice. |
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Latest revision as of 01:08, 6 December 2022
The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years (generally regarded as the age of four and under), the mother should have custody of the child as it is natural for a young child to be with their mother. The doctrine often arises in divorce proceedings.
Many countries have officially abolished the doctrine but continue to follow it in practice.