babycat
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Simple English definitions for legal terms
primary-caregiver doctrine
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A quick definition of primary-caregiver doctrine:
The primary-caregiver doctrine is a rule in family law that says when parents are fighting over who gets custody of a child, the parent who takes care of the child the most will usually win. This only applies if the parent is a good caregiver. The court will look at how much time the parent spends with the child and how well they take care of them. The rule is different for children of different ages. For kids under 6, the parent who takes care of them the most will almost always win. For kids between 6 and 14, the court might ask the child who they want to live with, but the parents won't be there. For kids 14 and older, the court might let the child choose who they want to live with, as long as both parents are good caregivers.
A more thorough explanation:
The primary-caregiver doctrine is a presumption in family law that in a custody dispute, the parent who is the child's main caregiver will be the child's custodian, assuming that he or she is a fit parent. This means that the parent who has been providing the most care for the child will likely be awarded custody.
The doctrine takes into account both the quality and quantity of care that a parent gives a child, but does not include supervisory care by others while the child is in the parent's custody. The age of the child is also considered, with different rules for children under 6, those between 6 and 14, and those 14 and older.
For example, if a mother has been the primary caregiver for her young child, the court may presume that she should be awarded custody in a custody dispute, assuming that she is a fit parent. However, if the child is older and has a strong preference for living with the father, the court may take that into account when making a custody decision.
The primary-caregiver doctrine is also known as the primary-caretaker doctrine, primary-caregiver presumption, primary-caretaker presumption, or primary-caregiver preference. It is different from the maternal-preference presumption and the tender-years doctrine.