Fathers of young children were historically at a disadvantage in seeking custody of their children due to tender years doctrine—a theory courts adopted in the belief that children had a greater need for the love and care of their mothers during their tender years. Under the tender years doctrine, custody of young children was automatically given to the mother unless there were unusual circumstances. Today, courts more often recognize the important role both parents play in the lives of young children, and usually order some form of shared custody arrangement. But there are factors the court may consider that sometimes favor one parent over the other in determining who will be the primary custodian of the children—such as giving preference to a parent who has not been working outside the home, and has therefore been spending more time taking care of the children’s daily needs.

In Alabama, the tender years doctrine, which favored mothers in child custody cases, has been largely phased out in favor of a more equitable approach that recognizes the important roles both parents play in a child's life. Alabama courts now focus on the best interests of the child when determining custody arrangements. This includes a variety of factors such as the emotional, material, and educational needs of the child, the age and sex of the child, the home environments offered by each parent, the characteristics of those seeking custody, and the relationship between each child and each parent. While the courts do not automatically give preference to either parent based on gender, they may consider the amount of time a parent has been spending with the child, especially if one parent has been a primary caregiver. This could potentially favor a parent who has not been working outside the home if they have been primarily responsible for attending to the child's daily needs. However, this is just one of many factors the court will evaluate in its determination of what custody arrangement serves the best interest of the child.