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 Indiana, the tender years doctrine, which favored mothers in child custody cases, is no longer a legal standard. Modern custody laws in Indiana focus on the best interests of the child, without an automatic preference for either parent based on gender. Indiana courts consider various factors to determine what custody arrangement will best serve the child's physical and emotional well-being. These factors can include the age and sex of the child, the wishes of the child's parents, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved. While the court may consider which parent has been the primary caregiver, this is just one of many factors and does not automatically result in custody being awarded to that parent. Shared custody arrangements are common, reflecting the recognition of the importance of both parents in a child's life. However, if one parent has been primarily at home and caring for the child's daily needs, this could influence the court's decision on who will be the primary custodian, but it will be balanced against all other relevant factors.