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 Delaware, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Instead, Delaware courts focus on the best interests of the child when making custody determinations, as outlined in Title 13 of the Delaware Code. This approach recognizes the importance of both parents in a child's life and does not automatically give preference to either parent based on gender. Factors considered by the court include the wishes of the parents and the child, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, and the past and present compliance by both parents with their rights and responsibilities to their child. While the court may consider which parent has been the primary caregiver, this is just one of many factors and does not necessarily lead to that parent being awarded primary custody. Shared custody arrangements are common, and the courts encourage parents to work together to create a parenting plan that serves the best interests of the child.