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Simple English definitions for legal terms
parental-presumption rule
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A quick definition of parental-presumption rule:
The parental-presumption rule is a principle that says a child should usually stay with their parent if they are fit to take care of them. This means that if there is a custody dispute, the parent is usually given custody unless there is evidence that it would not be in the child's best interest. This rule is also called the parental-preference doctrine, and it can be changed if it is proven that the child would be better off with someone else.
A more thorough explanation:
The parental-presumption rule, also known as the parental-preference doctrine, is a principle that states that custody of a minor child should typically be given to a fit parent rather than another person. This means that if a parent is deemed fit to care for their child, they will be given custody over other individuals, such as grandparents or other family members.
However, this preference can be challenged if it is proven that it is not in the best interests of the child. For example, if a parent has a history of abuse or neglect, they may not be considered fit to care for their child, and custody may be given to another individual who is better suited to provide a safe and stable environment for the child.
Overall, the parental-presumption rule is based on the belief that parents have a fundamental right to raise their children, and that this right should be respected unless there is evidence that it would be harmful to the child.