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 Colorado, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Instead, Colorado courts focus on the best interests of the child when making custody determinations, as outlined in Colorado Revised Statutes Section 14-10-124. This approach encourages joint or shared custody arrangements, recognizing the importance of both parents in a child's life. Factors considered by the court include the wishes of the parents, the child's wishes, the child's relationship with each parent, each parent's ability to place the child's needs above their own, and the physical and mental health of all parties involved. While the court may consider the involvement of each parent in the child's daily life, including if one parent has been a primary caregiver, this is just one of many factors and does not automatically result in custody being awarded to that parent. The goal is to ensure a custody arrangement that serves the child's best interests, without an automatic preference for either parent based on gender or historical doctrines.