The Tender Years Doctrine, brought about in the early 19th century, states that, when all other factors are equal, custody of a child of tender years- generally under the age of seven and up to thirteen- should be awarded to the mother.

Unfortunately, this does not hold true in today's legislation. During the boom of the "Fight for Paternal Rights" in the early '90's, fathers began disputing the Tender Years Doctrine; in uproars of the amount of child support needing to be paid and stating that granting sole custody to a mother alone, takes away the fathers Fourteenth Amendment- equal protection of laws. They have taken away the term 'custodial' or 'primary' parent; meaning that a fit and able biological mother is not legally acknowledged as a child's primary parent. A woman who changes her entire life to carry her baby for nine months, who risks her own body and life to bring her child into this world, whom nourishes her child from her own being and whom protects them from any harm or hazard that may come cannot be called the child's Primary Parent. Amongst nourishment, affection and chemical bond, a child's very hormones are intertwined with the mother's for years. To grant a father custody of a young child is not only neglectful of the court system, it can and should be argued that it may be downright abusive.

The corrupt legal system has now linked child support to time-sharing. This has brought about an influx of fathers fighting for 50/50 time-sharing or even sole custody, where they are made to pay little to none in child support; often not really wanting or being able to accommodate the child(ren) for 50% of the time. 50/50 time-sharing is defined as 3.5 days per week, if both parties live locally or 2 weeks with each parent if they live in different areas. These fathers are legally allowed to leave the child(ren) with babysitters or in day cares and strip them away from willing and able mothers. There is no age limit on 50/50 time-sharing either; newborns and infants are being taken away from their mothers, despite being breastfed, co-sleeping and worst of all- despite simple nature and nurture; where a child thrives on the touch, sound and even scent of their mother. The abrupt and lengthy separation of a child from their mother can severely harm them psychologically and lead to life long emotional distress. Mothers tell stories of their babies and children being physically ripped away from them by the father, hysterically crying and screaming. Children are being made to live equally in two different houses, they are made to fly to different states for weeks, with or without their mother as a flight companion. Even in such high profile cases, like Kelly Rutherford, children are being completely taken away from their mother and forced to live in different countries, with their father. There is no care for the child's sense of security and stability in these arrangements and these types of outcomes only further the legal and personal battles between the mother and father; putting children in the middle, many times having to testify in courts. All of this, without question, can cause detrimental effects to a child's psyche and resentment and defiance towards both parents.

Everyone is in agreement that a child should have a loving and blossoming relationship with both parents; unless one poses great harm or threat to the health and well-being of said child. Again, this is grossly overlooked in the courts. The 'automatic sense' of 50/50 time-sharing does not lessen for fathers who hold numerous DUI's; the courts argue that the father poses no threat to the child, unless they are in the car with them; therefore, they may not allow the father to drive the child. History of domestic violence? A lessened time-sharing percentage may only be granted if there are numerous arrests and only if the abuse was directed towards the minor child. Emotional abuse, fiscal irresponsibility and disruption in the child's daily routine are among points that are not even credited in the decision of a custody hearing.

A time-sharing schedule, that is conducive to the child's age and daily routine, and a parenting plan should be implemented in all custody cases but there should never be a presumption of anything other than maternal custody for children under the age of seven.

Please sign this petition to reinstate the Tender Years Doctrine and help save our children from being punished and put in the middle of circumstances outside of their control.