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 Iowa, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Today, Iowa courts focus on the best interests of the child when determining custody arrangements, as outlined in Iowa Code section 598.41. This approach encourages shared parenting responsibilities and recognizes the importance of both parents in a child's life. The courts consider various factors without gender bias, including the emotional ties between parent and child, the ability of each parent to care for the child, and the child's needs. 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 serves the child's welfare and stability, potentially leading to joint or shared custody when it is in the child's best interest.