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 Jersey, the tender years doctrine, which favored mothers in child custody cases, is no longer a legal standard. Modern family law in New Jersey emphasizes the best interests of the child, with no presumption in favor of either parent based on gender. Courts consider a variety of factors to determine what custody arrangement will best serve the child's needs, including the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody; the interaction and relationship of the child with its parents and siblings; any history of domestic violence; the safety of the child; the preference of the child when of sufficient age and capacity to reason; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. New Jersey courts may indeed consider the role of a primary caregiver, who has spent more time with the children on a daily basis, as one of the factors in determining custody, but this does not automatically result in that parent being awarded primary custody. The overarching goal is to ensure the health, safety, and welfare of the child, and to provide for a stable, loving and nurturing environment.