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 Arizona, the tender years doctrine, which favored mothers in child custody cases, is no longer a legal standard. Current Arizona law, under Arizona Revised Statutes Section 25-403, requires courts to make custody decisions based on the best interests of the child without preference to either parent based on gender. Factors considered include the relationship between the child and each parent, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, which parent is more likely to allow frequent and meaningful continuing contact with the other parent, and, if the child is of suitable age and maturity, the wishes of the child. While the court may consider the amount of time a parent has historically spent with the child, this is just one of many factors and does not automatically result in custody being awarded to the parent who has been the primary caregiver. Shared custody arrangements are common, but the specifics of each arrangement depend on the circumstances of the case and the court's assessment of the child's best interests.