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Simple English definitions for legal terms
parental-preference doctrine
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A quick definition of parental-preference doctrine:
The parental-preference doctrine is a rule that says when parents get divorced or separated, the child should usually stay with the parent who is best able to take care of them. This is because parents have a special right to be with their children. However, if it's shown that it's better for the child to be with someone else, like a grandparent or another family member, then the rule can be changed. This is called the best interests of the child.
A more thorough explanation:
The parental-preference doctrine is a principle that states that custody of a minor child should usually be given to a fit parent instead of another person. This means that if a parent is deemed fit to take care of their child, they will be given custody over someone else.
For example, if a couple gets divorced and they have a child, the court will usually grant custody to the parent who is deemed fit to take care of the child. This is because the parental-preference doctrine assumes that a parent is the best person to take care of their child.
However, this preference can be challenged if it is proven that the child's best interests are not being met by the parent. For instance, if a parent has a history of neglect or abuse, the court may decide that it is not in the child's best interests to be in their custody.
The parental-preference doctrine is based on the idea that parents have a fundamental right to raise their children as they see fit, as long as they are not harming them. This doctrine is used in family law cases to determine custody and visitation rights.