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Schwartz, Fox & Saltzman, LLC. – Philadelphia Divorce Lawyers
The Father’s Rights movement originated in the early 1970s when Courts tended to favor Mothers when the child was of “Tender Years”. The Tender Years Doctrine stated a presumption that a child of “tender years”, which was defined differently by each Judge, but generally under the age of three or four, needed to spend more custodial time with the Mother. Thankfully, that Doctrine has been outlawed and cannot be a basis for a Custody Order.
Regardless of the outlawing of the Doctrine, there is no question that Fathers have equal custodial and parental rights to those of a Mother. Fathers have the right to shared or equal physical custody and shared legal custody. The sex or gender of a parent should not be a factor in deciding custody.