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 Kentucky, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Modern family law in Kentucky emphasizes the best interests of the child, with no presumption in favor of either parent based on gender. Kentucky courts consider various factors to determine what custody arrangement serves the child's best interests, including each parent's involvement in the child's life, the child's relationship with each parent, and the ability of each parent to provide for the child's needs. While the court may consider the amount of time a parent has historically spent with the child, this is just one of many factors. Kentucky law encourages joint custody and shared parenting time, recognizing the importance of both parents in a child's life, unless there is evidence that such an arrangement would not be in the child's best interests.