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 New Hampshire, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Instead, New Hampshire courts focus on the best interests of the child when determining custody arrangements, as outlined in RSA 461-A:6. This statute requires courts to consider various factors without gender bias, including the relationship of the child with each parent, the ability of each parent to provide for the child's physical and emotional needs, and the child's developmental 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 and does not automatically result in custody being awarded to the non-working parent. The state's approach encourages shared parenting responsibilities and recognizes the importance of both parents in a child's life, aiming for arrangements that provide for the child's overall well-being and stability.