So there was no default position of maternal custody held by the courts?
The law as it was written was:
The Lord Chancellor, the Master of the Rolls, and the Vice-Chancellor in England, or the Lord Chancellor and the Master of the Rolls in Ireland, respectively, might, upon hearing the petition of the mother of any infant, being in the sole custody and control of the father 160 thereof, or of any person by his authority, if he should see fit, make order for the access of the petitioner to such infant, and if such infant should be within the age of seven years, to make order that such infant should be delivered to and remain in the custody of the petitioner until attaining such age.
It allowed a mother to petition to authority for access (custody) to children until the age of seven but put the decision of custody in the hands of the authority being petitioned.