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 Oklahoma, the tender years doctrine, which favored mothers in child custody cases, is no longer a legal standard. Modern family law in Oklahoma 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 each parent's role in caretaking, the child's relationship with each parent, and the ability of each parent to provide for the child's physical, emotional, and developmental needs. While the historical bias towards mothers has been largely eliminated, the court may still give consideration to the parent who has been the primary caregiver, especially if that parent has not been working outside the home and has been more directly involved in attending to the children's daily needs. Shared custody arrangements are common, but the specifics of each case can lead to different outcomes based on the circumstances and evidence presented regarding what is in the best interests of the child.