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 Hawaii, as in many other states, the tender years doctrine, which favored mothers in child custody cases, is no longer a legal standard. Hawaii courts now focus on the best interests of the child when determining custody arrangements, without a presumption in favor of either parent based on gender. The primary consideration is what will best ensure the child's welfare and happiness. Factors that may influence custody decisions include each parent's relationship with the child, the child's needs, and the ability of each parent to care for the child. While the court may consider the involvement of a parent in the child's daily life, such as a parent who has been a primary caregiver, this is just one of many factors evaluated. The goal is to facilitate a custody arrangement that allows both parents to play an active and meaningful role in their children's lives, which may result in shared or joint custody if it serves the child's best interests.