Emerging developmental theories of childhood well-being provided support to a presumption that when divorce occurs, mother custody was always in the child's best interest. This point of view came to be known as the so-called " " doctrine.

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The tender years doctrine is a legal principle that believes that during a child’s “tender” years (usually considered to be up to the age of 7) the mother is the primary caregiver and is usually in the best position to be granted custody of the child in the event of a separation or divorce. However, this doctrine is no longer widely accepted as it is believed to be gender-biased and not necessarily in the best interest of the child.

Emerging Developmental Theories of Childhood Well-Being Provided Support to a Presumption