What Is The Tender Years Doctrine?
The Tender Years Doctrine in Nevada can be used to protect a child from the harsh realities of divorce. When parents are going through a divorce, they often have disagreements about who will get custody of their children. One way that courts decide which parent should receive custody is by looking at what would be in the child’s best interests. The court may also look into whether one or both parents has had any violent crimes committed against them and if there was any domestic violence during the marriage.
In Nevada, the court will look at what is in the best interest of a child to determine who should get custody. When it comes to children under 12 years old, courts may use “the tender years doctrine.” The purpose of this doctrine is to protect young children from being influenced by one parent more than another because they are so impressionable.
Originally, the term “tender years” was coined when divorce became more accepted in the 1800s. A judge in Nevada ruled that this is known as the “tender years doctrine” and children are usually held better by their mothers. The term “tender years” is actually a legal term referring to the youngest age for children who can be separated from their parents.
In 1979, Nevada Supreme Court ruled that there was no “tender year” doctrine in law. NRS 125C. 0035 states that the custody of a child will be decided based on what is in their best interests rather than with any particular age or gender in mind. Generally, courts will give both parents joint physical custody of the child unless there are reasons to believe one parent is unfit.
Nevada’s many tempting attractions has caused the termination of the “tender years” doctrine for custody of children, which was previously slanted in favor of mothers. Parenting is an intricate and careful endeavor. The option to prove a parent unfit through the Child Best Interests (NRS 128.018) give divorced fathers peace of mind when there are misunderstandings with their child’s mother. Failure to provide basic necessities (such as food, healthcare, a stable home), and outright neglect can make you an unfit parent under the Tender Years Doctrine. Leaving a child unattended in a vehicle is illegal through Nevada. If you are in trouble or if your spouse is addicted to drugs and neglects the child’s welfare, we can provide supervised addiction services & counseling for them. Indeed, challenging addictive behaviors can strengthen our case before judges by providing evidence of self-awareness.
In Nevada, a child may not voice a preference for which parent he or she prefers until the age of 12. If you have been able to demonstrate that your partner is deemed unfit by a judge, we can present evidence to help substantiate this determination. Though this does not fall under the “tender years” doctrine, children who are 18 in Nevada can choose to refuse their custody order. Up until that point, a court’s decision is required and must be followed even if you or your child disagrees with the judgment.
The modern child-rearing mindset is that both parents contribute to a child’s well-being, which is why the Tender Years Doctrine was created. Current law understands that not all parents are fit to have children.
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