tender years doctrine
tender-years doctrine. Family law. The doctrine holding that custody of very young children (usu. five years of age and younger) should generally be awarded to the mother in a divorce unless she is found to be unfit. • This doctrine has been rejected in most states and replaced by a presumption of joint custody. See MATERNAL-PREFERENCE PRESUMPTION; PRIMARY-CAREGIVER DOCTRINE . [Cases: Child Custody 457. C.J.S. Parent and Child § 114.]