親権の概念が生まれたのはいつですか？
The view of children as servants to their fathers and economic assets began to change in the nineteenth century. Children were seen to have interests of their own that were often associated with the care of a nurturing mother. The women’s movement of the time also fought for women’s right to child custody in their campaign. Judges eventually began to favor the “best interests of the child,” which, especially for young and female children, was associated with mothers. Maternal presumption was judicially developed through legislature such as the “Tender Years Doctrine” that presumed that children should be placed with their mothers in custody debates. Granting custody to the father was seen “to hold nature in contempt, and snatch helpless, puling infancy from the bosom of an affectionate mother, and place it in the coarse hands of the father” when the mother was “the softest and safest nurse of infancy”. This maternal presumption continued for over a hundred years. The only exception to maternal presumption was if the mother was considered to be “unfit.” Most often, this occurred when women had committed adultery or left their husband.
nineteenth century