Child Custody After Divorce: No More Gender Presumptions
Why Courts Focus on the Child, Not Traditional Roles
For many years, family law operated under what was known as the “Tender Years” presumption—the belief that children of a certain young age should automatically remain with their mothers after divorce. This assumption, however, is no longer the standard. Today, courts in Tennessee and across the country are required to approach custody without bias toward either parent’s gender.
That means custody decisions must focus solely on the best interests of the child. While it’s true that newborns and very young children often spend more time with their mothers for practical reasons, there is no legal presumption that favors one parent over the other. Fathers should understand that while equal parenting time may come later as the child grows, their role is equally valued in the eyes of the court.
From my experience in the courtroom, the shift away from gender presumptions has been both real and impactful. Judges no longer enter custody cases assuming a mother or father has the upper hand. Instead, they weigh factors such as stability, caregiving history, and the child’s unique needs.
This change reflects a broader recognition: children benefit most when both parents are given the opportunity to contribute to their upbringing. Parents navigating divorce should feel assured that custody decisions today are centered on fairness, balance, and what best serves the child—not outdated gender roles.
