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 Mississippi, the tender years doctrine, which historically favored mothers in child custody cases due to the belief that young children need their mother's care more during their early years, is no longer a controlling legal standard. Instead, Mississippi courts now focus on the best interests of the child when determining custody arrangements. This modern approach considers various factors without an automatic preference for either parent based on gender. Factors that may influence custody decisions include 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, the parenting skills of each parent, and the willingness to foster a relationship with the other parent. While the court may consider which parent has been the primary caregiver, this is just one of many factors evaluated, and it does not necessarily result in a preference for the stay-at-home parent. Shared custody arrangements are more common today, reflecting the recognition of the importance of both parents in a child's life.