Legal Definitions - parental-preference doctrine

The parental-preference doctrine is a principle that states that custody of a minor child should usually be given to a fit parent instead of another person. This means that if a parent is deemed fit to take care of their child, they will be given custody over someone else.

For example, if a couple gets divorced and they have a child, the court will usually grant custody to the parent who is deemed fit to take care of the child. This is because the parental-preference doctrine assumes that a parent is the best person to take care of their child.

However, this preference can be challenged if it is proven that the child's best interests are not being met by the parent. For instance, if a parent has a history of neglect or abuse, the court may decide that it is not in the child's best interests to be in their custody.

The parental-preference doctrine is based on the idea that parents have a fundamental right to raise their children as they see fit, as long as they are not harming them. This doctrine is used in family law cases to determine custody and visitation rights.