Getting Child custody especially for fathers is a difficult and often stressful task. Prior to the 1970’s, custody was often vested with the mothers as the courts were guided by the tender years doctrine. The tender years doctrine presumed that during a child’s tender years (which has been regarded as thirteen years old and under) the custody of the child should be with the mother. 

However, in the 20th century the courts began shifting away from the tender years doctrine (which violated the Equal Protection Clause in the 14th Amendment of the U.S. Constitution) to the best interests of the child standard. The laws about getting custody are different in each state, but for most states, the best interest of the child standard became the public policy and the law by which the family courts were to be guided and how the family courts were to determine child custody awards.

In situations where child custody is left for the court to decide, fathers are proving to the court to be the more emotionally stable parent who can provide the better living environment for their children. In some situations, mothers are not able to afford the often protracted and expensive child custody battle or the mother is more interested in pursuing a career. Regardless of the situation, more fathers are getting custody of their kids whether it be by mutual agreement between the parents or by a decision from the court.