Quantitative Patterns in Child Custody Determinations

Abstract

Quantitative analyses of child custody determinations reaffirm and build on findings reported in previous chapters. Just as domestic violence allegations did not increase the likelihood that courts granted women’s divorce requests, they likewise did not increase the likelihood that courts granted child custody to marital abuse victims. Owing to the dominant rural practice of patrilocality, fathers were more likely than mothers to have physical possession of their children. As a result, judges rewarded rural men with child custody for beating their wives. Judges supported the patriarchal family in additional ways. Rural courts tended to grant custody of only-sons to fathers. In rural areas, mothers’ best chances for child custody came from multiple children and from only-daughters. In cases involving siblings, courts frequently split them up between the parents. In cases of mixed-sex siblings, courts typically granted custody of sons to fathers and custody of daughters to mothers. Fathers’ advantages in child custody determinations were limited to rural areas, which accounted for most child custody determinations. Urban courts, by contrast, favored mothers over fathers.