Tender Years Doctrine

Learn about the definition for this legal term.

What is Tender Years Doctrine?

The tender years doctrine is a prominent common law principle in family law and custody jurisprudence. It presumes that during a child's "tender" years (generally regarded as the age of four and under), the mother has the superior skills to care for the child and she should have custody of the child. The doctrine is becoming discredited in custody disputes due to the predominant view of sexual and gender equality.

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