Tender Years Doctrine
A largely outdated legal presumption that young children are better off in their mother's custody.
Understanding Tender Years Doctrine
The tender years doctrine assumed that mothers were inherently better caregivers for young children, particularly those under age seven. Most states have abandoned this doctrine in favor of gender-neutral best interests of the child standards. However, some courts may still informally consider a child's age and attachment to a primary caregiver (who is often the mother) as one factor among many. Some states have explicitly prohibited gender-based custody preferences by statute.
Real-World Examples
His attorney argued that the tender years doctrine was outdated and the court should evaluate both parents equally.
Related Terms
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.