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 Oregon, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Instead, Oregon courts focus on the best interests of the child when making custody determinations. This approach is gender-neutral and considers various factors to ensure the child's welfare and needs are met. Factors that may influence custody decisions include each parent's emotional ties to the child, the child's adjustment to home, school, and community, the interest of each parent in and attitude toward the child, and the willingness and ability of each parent to facilitate a close and continuing relationship between the child and the other parent. While the court may consider which parent has been the primary caregiver, this is just one of many factors and does not automatically result in custody being awarded to that parent. Shared custody arrangements are common, reflecting the recognition of the importance of both parents in a child's life, but the specifics of each arrangement depend on the circumstances of the case and the best interests of the child.