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 Vermont, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a guiding principle. Instead, Vermont courts adhere to the best interests of the child standard, as outlined in Title 15 of the Vermont Statutes Annotated. This standard focuses on ensuring that the child's welfare is paramount in custody decisions. Factors considered include the relationship of the child with each parent, the ability of each parent to provide love, affection, and guidance, and the ability of each parent to meet the child's present and future developmental needs. Vermont courts do not automatically give preference to either parent based on gender. Instead, they evaluate all relevant factors to determine custody arrangements that best serve the child's needs, which can include joint custody or primary custody to one parent. The court may indeed consider the amount of time a parent has historically spent with the child, but this is just one of many factors weighed during custody determinations.