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 Utah, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Modern custody laws in Utah focus on the best interests of the child, with courts considering a variety of factors to determine custody arrangements. These factors include each parent's involvement in raising the child, the child's relationship with each parent, and the ability of each parent to provide for the child's needs. Utah courts do not automatically give preference to either parent based on gender. Instead, they aim for arrangements that allow both parents to play an active role in their children's lives, which can include joint legal and physical custody. However, if one parent has been the primary caregiver and has spent more time attending to the children's daily needs, this may influence the court's decision on who will be the primary custodian. The ultimate goal is to serve the best interests of the child, with both parents encouraged to share in the responsibilities and joys of raising their children.