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What legal doctrine controlled the disposition of children after divorce in Great Britain and the American colonies before the 19th century?

A. Best interest of the child standard
B. Tender years doctrine
C. Primary caretaker rule
D. Pater familias

Answer :

Final answer:

The legal doctrine that controlled the disposition of children after divorce in Great Britain and the American colonies before the 19th century was the Pater familias. This doctrine favored fathers over mothers in custody decisions due to their status as the head of the family. The evolution of child custody laws later introduced standards that prioritized the child's best interests over paternal authority.


Explanation:

Historical Legal Doctrine of Child Custody

Before the 19th century, child custody laws in Great Britain and the American colonies were predominantly controlled by the legal doctrine known as Pater familias. This doctrine established that the father was the supreme head of the family, possessing extensive rights and authority over all family matters, including child custody.

The concept of Pater familias grounded the belief that the father, as the primary authority figure in the family, held the responsibility for the upbringing and support of children. Thus, in custody disputes, fathers were generally favored due to their perceived rights and responsibilities as the family protector and provider.

In contrast, newer doctrines that emerged in later years, such as the Best interest of the child standard and the Tender years doctrine, began to shift the focus toward the needs and welfare of the children rather than the authority of the parents. However, during the earlier periods, authority was firmly placed in the hands of the father.


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