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Caroline Norton, the person who initiated the tender years doctrine. 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.
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father. [5]
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. [1] [2] Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation.
Children are subject to the authority of their parents during the early years of their life, during what is termed their minority. States impose a range of incapacities until the children reach an age when they are deemed sufficiently mature to take responsibility for their own actions. Issues of access and custody interact and overlap, and ...
Hindu Law: For Hindus, the Hindu Marriage Act, 1955 and the Hindu Minority and Guardianship Act, 1956, govern child custody. The custody of a child under the age of five is usually granted to the mother, and for children above five, the court considers the child's welfare as the paramount factor. [32] [33]
Children in a joint custody arrangement are more likely to have outcomes similar to children from intact families, and to fare better than children in sole custody arrangements. [29] [30] [28] It allows for children to be exposed to both parents as role-models, something that is not necessarily ensured by other custody arrangements. [5]
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These responsibilities last until the child is aged 16, with the exception of the responsibility to provide the child with appropriate guidance, which lasts until the child is aged 18. Under section 2 of the 1995 Act those with parental responsibilities are given correlative rights to allow them to fulfill those responsibilities.