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 Pennsylvania, the tender years doctrine, which favored mothers in child custody cases, has been largely abandoned in favor of a more gender-neutral approach that recognizes the importance of both parents in a child's life. Pennsylvania courts now focus on the best interests of the child when determining custody arrangements. Factors that may influence custody decisions include each parent's ability to provide a stable and loving environment, the child's relationship with each parent, and which parent has been the primary caregiver. While the court may consider the involvement of a parent in the child's daily needs, this does not automatically result in that parent being awarded primary custody. Instead, courts in Pennsylvania aim for arrangements that allow for continued and meaningful contact with both parents, unless such contact would not be in the best interests of the child due to issues such as abuse, neglect, or substance abuse. Shared legal and physical custody is often encouraged, allowing both parents to have a say in important decisions and to spend substantial time with their children.