Fighting over the kids: gender roles, patrilineage, and child custody in Chinese courts

Who receives child custody—mother, father, or both—offers insight into family institutions and gender dynamics. Analyzing over 220,000 digitized divorce decrees from China’s patrilineal family system, this study reveals a paradox: despite mothers serving as primary caregivers, fathers more frequently obtain custody. Two institutional pillars of patrilineage explain this outcome. First, paternal grandparents commonly assume childcare responsibilities as fathers’ proxies, reducing mothers’ custody prospects. Second, fathers’ predominant ownership of the marital home creates additional barriers for mothers seeking custody. This paternal advantage intensifies in cases involving sons and in rural areas. Among families with multiple children, split custody arrangements predominate, typically allocating sons to fathers and daughters to mothers. These findings illuminate the interplay between family law, patrilineal tradition, and gender inequality.