Ocean Springs Tender Years Doctrine: Don’t Be a Victim

Are you a father facing divorce in Ocean Springs, Mississippi, and worried about the Ocean Springs tender years doctrine as it concerns child custody?

Let’s talk turkey.

The “tender years” doctrine is a controversial legal concept that often favors mothers when it comes to custody of young children.

But don’t let this outdated stereotype screw you over.

I’m on a mission to stop bad lawyers from playing games with your child’s future.

As your Ocean Springs divorce attorney, I’m here to protect your rights and ensure your child’s best interests are at the forefront.

No. You do not automatically get the kids just because they are young and you are the Mother.

Let me give you the legal mumbo jumbo first:

Historically, the tender-years doctrine has traditionally provided that if a child is of such tender age as to require the mother’s care for his or her physical welfare, he or she should be awarded to the mother’s custody. McCarty v. McCarty , 52 So. 3d 1221, 1228 (Miss. Ct. App. 2011).

The present state of the doctrine:

Prior to the 1980s, our Supreme Court held that if the mother of a child of tender years … is … fit, then she should have custody. Law v. Page , 618 So. 2d 96, 101 (Miss. 1993).

However, over the years, the tender-years doctrine has been diminished and is now only a presumption. Smith v. Smith , 206 So. 3d 502, 513 (Miss. 2016).

The doctrine is even less binding when the child is male.

Today, age is only one of several factors to be considered under the Albright case. Embrey v. Young, 337 So.3d 247 (Miss. App. 2021).

So what does all this legal mumbo jumbo mean?

It means that there is a presumption that if you are the Mother and the kids are very young, you should get custody.

In the Embrey case, the child was only two years old at the time of trial and the Mother was breastfeeding so the presumption she should get custody was in her favor.

So, again, read the Albright case in the other frequently asked question about this.

Now, let’s cut through the legal mumbo-jumbo and speak plain English.

Ocean Springs Tender Years Doctrine:
Challenging the Presumption

The tender years doctrine emerged from traditional gender roles, suggesting that young children, especially infants and toddlers, benefit most from the primary care of their mothers.

While this notion has historical roots, it’s no longer a definitive factor.

Don’t be a victim.

The law prioritizes the child’s best interests, not gender stereotypes. A loving, capable father can provide an excellent environment for a young child.

Understanding the Tender Years Doctrine:

• Historical Context: The tender years doctrine emerged from traditional gender roles, but it’s no longer a definitive factor.
• Modern Approach: Courts now consider a range of factors, including the child’s bond with each parent, the parents’ parenting abilities, and the child’s overall well-being.
• The Importance of Evidence: To counter the tender years presumption, you’ll need to provide compelling evidence of your parenting abilities and your child’s bond with you.

Dispelling the Myths:

• Mothers Are Always Best: This is a harmful stereotype. Fathers can be just as nurturing and capable of providing for their children.
• Dads Are Just for Playtime: Fathers play a vital role in a child’s development, providing emotional support, discipline, and guidance.
• The Tender Years Doctrine Is a Guarantee: This doctrine is not a guarantee of custody for mothers. It’s just one factor that courts consider.

Protecting Your Rights: Overcoming the Tender Years Stereotype

Protect Your Rights:

• Document Your Involvement: Keep a record of your involvement in your child’s life, such as photos, journals, and witness statements.
• Seek Expert Evaluation: If necessary, obtain evaluations from psychologists or other experts to assess your parenting skills.
• Hire a Skilled Attorney: A qualified Ocean Springs divorce lawyer can help you navigate the legal complexities and advocate for your rights.

Remember: Your child’s happiness and well-being are paramount.

Don’t let outdated stereotypes dictate your custody arrangement.

Ready to fight for your child?

Contact me today for a FREE consultation.

Don’t wait until it’s too late.

And don’t worry about me GOUGING you.

I don’t do that here.

I’m on a mission to stop every back Ocean Springs tender years lawyer that I can.

I can handle your case on a flat fee.

P.S. Before you make any decisions, download my FREE book, “Top 5 Mistakes That Can Destroy Your Mississippi Divorce Case.” It’s packed with tips to protect your child’s future.

P.P.S. If you have other questions about child custody click on Ocean Springs Child Custody.