This paper develops a model of child custody based on an incomplete-contract approach to the allocation of property rights. Because of the presence of transaction costs in marriage, altruistic parents cannot contract upon the investments they make into their children, but can reduce the resulting inefficiencies by determining ex ante the parent who would be allocated custody in case they divorce. We show that: (i) the optimal allocation of custodial rights depends on both preferences and technological factors; (ii) custodial rights can be allocated either to the parent who values the benefits from child welfare more or, viceversa, to the parent with the lowest valuation; (iii) if one parent's investment is significantly more important than the other parent's investment, then sole custody is preferred to joint custody and it should be allocated to the parent whose investment is relatively more important; and (iv) if the importance of the parents' investments is sufficiently similar and if the differences in parents' valuations of child quality are large, then joint custody is optimal with the low-valuation parent receiving a relatively greater share, because the other parent would invest in the child anyway while the low-valuation parent would be endowed with greater bargaining power. The implications of these results are then interpreted in the context of current custody laws, discussed in relation to empirical estimates of some of the parameters underlying the optimal custody rule, and used to question the skepticism surrounding prenuptial contracts.
Download Info
To download:
If you experience problems downloading a file, check if you have the
proper application to
view it first. Information about this may be contained
in the File-Format links below. In case of further problems read
the IDEAS help
page. Note that these files are not on the IDEAS
site. Please be patient as the files may be large.
Publisher Info
Paper provided by Institute for Social and Economic Research in its series ISER working papers with number
2003-22.
Length: 50 Date of creation: 06 Aug 2003 Date of revision: Publication status: published Handle: RePEc:ese:iserwp:2003-22
Contact details of provider: Postal: Publications Office, Institute for Social and Economic Research, University of Essex, Wivenhoe Park, Colchester, Essex CO4 3SQ UK Phone: 44-1206-872957 Fax: 44-1206-873151 Web page: http://www.iser.essex.ac.uk/
Order Information: Postal: Publications Office, Institute for Social and Economic Research, University of Essex, Wivenhoe Park, Colchester, Essex CO4 3SQ UK Email: Web: http://www.iser.essex.ac.uk/publications/
For technical questions regarding this item, or to correct its listing, contact: (Paul Groves).
References listed on IDEAS Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
Gary S. Becker & Nigel Tomes, 1994.
"X. Human Capital and the Rise and Fall of Families,"
NBER Chapters,
in: Human Capital: A Theoretical and Empirical Analysis with Special Reference to Education (3rd Edition), pages 257-298
National Bureau of Economic Research, Inc.
[Downloadable!]
Imran Rasul, 2006.
"The Economics of Child Custody,"
Economica,
London School of Economics and Political Science, vol. 73(289), pages 1-25, 02.
[Downloadable!] (restricted)
Gary S. Becker, 1974.
"A Theory of Marriage,"
NBER Chapters,
in: Economics of the Family: Marriage, Children, and Human Capital, pages 299-351
National Bureau of Economic Research, Inc.
[Downloadable!]
Shelly Lundberg & Robert A. Pollak, 2001.
"Efficiency in Marriage,"
NBER Working Papers
8642, National Bureau of Economic Research, Inc.
[Downloadable!] (restricted)
Other versions:
Cited by: (explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)