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 South Carolina, the tender years doctrine, which historically favored mothers in child custody cases, is no longer the standard approach in family law. Instead, South Carolina courts now emphasize the best interests of the child when determining custody arrangements. This modern approach recognizes the importance of both parents in a child's life and does not automatically grant custody to the mother based on the child's age. While the courts may consider various factors, including which parent has been the primary caregiver, the goal is to facilitate a custody arrangement that supports the child's well-being and development. Factors such as emotional ties, the child's preference, each parent's circumstances, and the ability to provide a stable environment are considered. Shared custody is common, but the specifics of each arrangement depend on the unique circumstances of the case. It's important to note that while the tender years doctrine is no longer a legal standard, the practical realities of each parent's involvement in child-rearing may still influence custody decisions.