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Simple English definitions for legal terms
parental-superior-rights doctrine
Read a random definition: reasons for allowance
A quick definition of parental-superior-rights doctrine:
The parental-superior-rights doctrine is a principle that says a child should usually stay with their parent if they are fit to take care of them, instead of someone else. This is called the parental-preference doctrine. However, if it is proven that it is better for the child to be with someone else, then the preference can be changed. This is called the best interests of the child.
A more thorough explanation:
The parental-superior-rights doctrine, also known as the parental-preference doctrine, is a principle that states that custody of a minor child should typically be granted to a fit parent rather than another person. This means that if a parent is deemed fit to care for their child, they will have a preference in custody battles.
For example, if a couple gets divorced and both parents want custody of their child, the court will typically grant custody to the parent who is deemed fit to care for the child. However, this preference can be rebutted if it is proven that the child's best interests are better served by granting custody to the other parent or another person.
The parental-superior-rights doctrine is based on the belief that parents have a fundamental right to raise their children as they see fit, as long as they are not deemed unfit by the court. This doctrine is often used in custody battles and is an important factor in determining the best interests of the child.