What does the tender years doctrine recognize?

The tender years doctrine recognizes the special considerations surrounding the custody and care of young children, particularly regarding their well-being and the presumption of needing care and protection. This doctrine typically applies to very young children, who may not have the capacity to advocate for themselves or fully understand their environment.

The specific choice regarding children years old or younger not being able to accompany another adult without parental or guardian knowledge aligns with the premise of the tender years doctrine, emphasizing the need for parental involvement and oversight in the lives of very young children. This reflects the legal and social understanding that young children are vulnerable and require constant supervision, implying that caregivers must always be aware of their whereabouts and the individuals they interact with, ensuring their safety and welfare.

This understanding also implies that children have rights to parental care, particularly when it comes to decisions about who is responsible for them during critical early years. The other options diverge from the focus of the tender years doctrine, either making absolute statements about children's independence or suggesting less oversight than the doctrine aims to support.