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 Ohio, the tender years doctrine, which historically favored mothers in child custody cases due to the belief that young children needed their mother's care more during their early years, is no longer a legal standard. Ohio courts now focus on the best interests of the child when making custody determinations, as outlined in Ohio Revised Code Section 3109.04. This statute requires courts to evaluate several factors without gender bias, ensuring that both fathers and mothers are on equal footing when it comes to custody decisions. Factors considered include the wishes of the child's parents and the child, the child's interaction and interrelationship with parents, siblings, and any other person who may significantly affect the child's best interest, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved, among others. While the court may consider the involvement of the parent who has been the primary caretaker, this is just one of many factors and does not automatically result in custody being awarded to that parent. Shared parenting (joint custody) is encouraged when it is in the best interests of the child, and both parents are considered for their ability to provide for the child's needs, regardless of whether they have been working outside the home or caring for the child full-time.