Paradoxical Gender Choice in Child Custody: Evidence from Divorce Court Judgments in China

Zihan Ye, Peking University
Yuying Tong , The Chinese University of Hong Kong

This study analyzes gender dynamics in child custody decisions in China, using 220,994 divorce court judgments from 289 cities (2000–2025). Unlike the maternal preference common in Western societies, custody outcomes in China appear balanced, with mothers and fathers each receiving custody in about half of the cases. However, beneath this balance lies a structural inequality: fathers maintain an advantage in custody allocation, while mothers are significantly more likely to be awarded custody of daughters than sons—a “daughter effect” that has grown over time, reflecting persistent patriarchal norms. Regional variation further highlights the influence of social and economic contexts. In urbanized and developed regions, mothers are more likely to receive custody, and the father’s advantage decreases. These findings show that custody allocation is not only guided by the “best interests of the child” but also shaped by cultural traditions, gendered power dynamics, and evolving social structures in contemporary China.

See paper

 Presented in Session 119. Child Custody and Children's Outcomes