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 Louisiana, the tender years doctrine, which favored mothers in child custody cases, is no longer the standard approach in family law. Instead, Louisiana courts focus on the best interest of the child when determining custody arrangements, as outlined in the Louisiana Civil Code. This modern approach does not automatically give preference to either parent based on gender. Factors that may influence custody decisions include the emotional ties between the child and each parent, the capacity of each parent to give the child love, guidance, and education, as well as the ability to provide the child with food, clothing, and medical care. The court also considers the moral fitness of each parent, the child's home, school, and community history, and the willingness of each parent to facilitate a close and continuous relationship between the child and the other parent. While the court may consider which parent has been the primary caregiver, this is just one of many factors weighed in determining the primary custodian of the children. Shared custody is often encouraged to ensure that both parents play an active role in the child's life, but the specifics of each case can lead to different custody arrangements based on the child's best interests.