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 Idaho, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Instead, Idaho courts focus on the best interests of the child when making custody determinations, as outlined in Idaho Code § 32-717. This approach does not automatically give preference to either parent based on gender. The courts consider various factors to determine what arrangement serves the child's best interests, including the emotional ties between the child and each parent, the parent's ability to provide for the child's needs, the stability of the home environment, and the child's wishes if they are of sufficient age and maturity. 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 necessarily result in a preference for the parent who has been the primary caregiver. Shared custody arrangements are common, but the specifics of each case can lead to different outcomes, with the primary goal being the welfare and stability of the child.