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 Arkansas, the tender years doctrine, which favored mothers in child custody cases, is no longer the standard approach in family law. Instead, Arkansas courts now recognize the importance of both parents in a child's life and aim to make custody decisions in the best interest of the child. This modern approach often results in some form of shared custody unless it is shown to be detrimental to the child's well-being. When determining primary custody, Arkansas courts may consider various factors, including which parent has been the primary caregiver. This can sometimes favor the parent who has spent more time with the child, often the one who has not been working outside the home. However, no preference is automatically given based on the parent's gender. Each case is evaluated on its own merits, with the child's health, safety, and welfare being the paramount concern.