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 Tennessee, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Instead, Tennessee courts focus on the best interests of the child when making custody determinations, as outlined in Tennessee Code Annotated § 36-6-106. This approach does not automatically give preference to either parent based on gender. Factors considered by the court include the emotional ties between the child and each parent, the parents' ability to provide for the child's needs, the stability of the family unit, and the mental and physical health of all parties involved. While the court may consider which parent has been the primary caregiver, this is just one of many factors evaluated. The goal is to facilitate a custody arrangement that allows both parents to play an active and meaningful role in their children's lives, which may result in shared custody or a primary custodian arrangement based on the specific circumstances of the case.