Fathers get historically been denied half-and-half parenting rights with mothers. The nineteenth Century “tender years” doctrine, which expressly gave mothers custody over children ages 13 and younger, was late replaced with the “best interests of the child” doctrine, but the gender bias persisted. As late as 1971, the Minnesota State Bar Association’s reference work informed lawyers and book that “except in very rare cases, the padre should not somebody hold of the small-scale children.
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