A Brief History
Throughout the 18th and 19th Centuries, wives and children were considered property of the husband. Divorce was very rare, but when it did occur, children would automatically become custody of the father. Even if a father died, his wife was not assured custody of the children unless his will explicitly stated so. In the Early 1900's, courts and state legislatures began to support maternal rights, viewing the mother as the more nurturing parent. The "tender years" doctrine, implemented in many states, encouraged courts to place young children with mothers because mothers were seen as essential to