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 Dakota, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a prevailing legal standard. Modern family law in South Dakota emphasizes the best interests of the child over the gender-based presumptions of the past. Courts in South Dakota consider a variety of factors when determining custody arrangements, with the primary focus being on the child's well-being. These factors can include the emotional ties between the child and each parent, the capacity of each parent to provide for the child's needs, the stability of the home environment, and the child's adjustment to school and community. 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. The goal is to ensure that the custody arrangement serves the best interests of the child, rather than adhering to outdated doctrines.