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Tender years doctrine
The tender years doctrine is a legal principle which has existed in family law since the late nineteenth century. This common law doctrine 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.
== History ==
Historically the English Family Law gave custody of the children to the father, in case of divorce. Until the nineteenth century the women had few individual rights, most of their rights being derived through their fathers or husbands. In the early nineteenth century, Mrs. Caroline Norton, a prominent British feminist, social reformer author, journalist, and society beauty began to campaign for the right of women to have custody of their children. Norton, who had undergone a divorce and been deprived of her children, worked with the politicians of those times and eventually was able to convince the British Parliament to enact legislation to protect mothers' rights. The result was the Custody of Infants Act 1839, which gave some discretion to the judge in a child custody case and established a presumption of maternal custody for children under the age of seven years. In 1873 the Parliament extended the presumption of maternal custody until a child reached sixteen years of age.〔http://legal-dictionary.thefreedictionary.com/Tender+Years+Doctrine〕 This doctrine spread then in majority of the states of the world as England was controlling a wide empire. By the end of the 20th century this doctrine was abolished in the majority of the states of USA and Europe.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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