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 York, the tender years doctrine, which favored mothers in child custody cases, is no longer a legal standard. Instead, New York courts focus on the best interests of the child when making custody determinations. This approach considers various factors without an automatic preference for one parent based on gender. Factors that may influence custody decisions include each parent's ability to provide for the child's emotional and intellectual development, the child's wishes (depending on their age and maturity), each parent's work schedule, the child's home stability, and the primary caregiver's identity during the child's life. While the court may consider which parent has been more present in the child's daily life, this is just one of many factors evaluated. The goal is to ensure a fair and equitable custody arrangement that serves the child's well-being, potentially leading to joint or shared custody if it is in the child's best interests.