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 North Carolina, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Instead, North Carolina courts adhere to the 'best interests of the child' standard when determining custody arrangements, as outlined in the North Carolina General Statutes (NCGS) § 50-13.2. This standard considers various factors to ensure the child's health, safety, and welfare are prioritized, without an automatic preference for either parent based on gender. Factors that may influence custody decisions include the child's relationship with each parent, the parents' ability to provide for the child's needs, and the amount of time each parent has historically spent with the child. While the court may consider the involvement of a parent who has been the primary caregiver, this is just one of many factors evaluated, and both fathers and mothers are entitled to equal consideration under the law. Shared or joint custody arrangements are common, reflecting the contemporary view that both parents play a vital role in a child's life.