IDEAS home Printed from https://ideas.repec.org/p/wvu/wpaper/14-30.html
   My bibliography  Save this paper

But Who Will Get Billy? The Effect of Child Custody Laws on Marriage

Author

Listed:
  • Elaina Rose

    (University of Washington)

  • Ho-Po Crystal Wong

    (West Virginia University, College of Business and Economics)

Abstract

Under the tender years doctrine in effect until the 1970’s, custody was virtually always awarded to the mother upon divorce. Gender-neutral custody laws introduced beginning in the 1970’s provided married fathers, in principle, equal rights to custody. Subsequent marriage-neutral laws extended the rights to unmarried fathers. We develop a theoretical model of the effect of custody regime on marriage and test the model’s predictions using a unique data set that merges custody law data with data from the Current Population Survey and Vital Statistics. We find that, under marriage non-neutrality, the introduction of gender-neutral laws reduced the hazard into marriage by at least 7.9 percent. There is no evidence that moving from marriage non-neutrality to marriage neutrality affected marriage under the gender-neutral custody regime.

Suggested Citation

  • Elaina Rose & Ho-Po Crystal Wong, 2014. "But Who Will Get Billy? The Effect of Child Custody Laws on Marriage," Working Papers 14-30, Department of Economics, West Virginia University.
    • Handle: RePEc:wvu:wpaper:14-30
    as

    Download full text from publisher

    File URL: http://busecon.wvu.edu/phd_economics/pdf/14-30.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Gordon B. Dahl & Enrico Moretti, 2008. "The Demand for Sons," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 75(4), pages 1085-1120.
    2. Betsey Stevenson, 2007. "The Impact of Divorce Laws on Marriage-Specific Capital," Journal of Labor Economics, University of Chicago Press, vol. 25(1), pages 75-94.
    3. Peters, H Elizabeth, 1986. "Marriage and Divorce: Informational Constraints and Private Contracting," American Economic Review, American Economic Association, vol. 76(3), pages 437-454, June.
    4. Lena Edlund & Laila Haider & Rohini Pande, 2005. "Unmarried Parenthood and Redistributive Politics," Journal of the European Economic Association, MIT Press, vol. 3(1), pages 95-119, March.
    5. Manser, Marilyn & Brown, Murray, 1980. "Marriage and Household Decision-Making: A Bargaining Analysis," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 21(1), pages 31-44, February.
    6. Derek Neal, 2004. "The Relationship Between Marriage Market Prospects and Never-Married Motherhood," Journal of Human Resources, University of Wisconsin Press, vol. 39(4).
    7. Brandeanna Allen & John Nunley & Alan Seals, 2011. "The Effect of Joint-Child-Custody Legislation on the Child-Support Receipt of Single Mothers," Journal of Family and Economic Issues, Springer, vol. 32(1), pages 124-139, March.
    8. Edward C. Norton & Hua Wang & Chunrong Ai, 2004. "Computing interaction effects and standard errors in logit and probit models," Stata Journal, StataCorp LP, vol. 4(2), pages 154-167, June.
    9. Betsey Stevenson & Justin Wolfers, 2006. "Bargaining in the Shadow of the Law: Divorce Laws and Family Distress," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 121(1), pages 267-288.
    10. Gray, Jeffrey S, 1998. "Divorce-Law Changes, Household Bargaining, and Married Women's Labor Supply," American Economic Review, American Economic Association, vol. 88(3), pages 628-642, June.
    11. Becker, Gary S, 1973. "A Theory of Marriage: Part I," Journal of Political Economy, University of Chicago Press, vol. 81(4), pages 813-846, July-Aug..
    12. Dirk Bethmann & Michael Kvasnicka, 2013. "World War II, Missing Men and Out of Wedlock Childbearing," Economic Journal, Royal Economic Society, vol. 123(567), pages 162-194, March.
    13. Dirk Bethmann & Michael Kvasnicka, 2011. "The institution of marriage," Journal of Population Economics, Springer;European Society for Population Economics, vol. 24(3), pages 1005-1032, July.
    14. Leora Friedberg, 1998. "Did Unilateral Divorce Raise Divorce Rates? Evidence from Panel Data," NBER Working Papers 6398, National Bureau of Economic Research, Inc.
    15. Lena Edlund, 2013. "The Role of Paternity Presumption and Custodial Rights for Understanding Marriage Patterns," Economica, London School of Economics and Political Science, vol. 80(320), pages 650-669, October.
    16. Nunley, John M. & Seals Jr., Richard Alan, 2011. "Child-custody reform, marital investment in children, and the labor supply of married mothers," Labour Economics, Elsevier, vol. 18(1), pages 14-24, January.
    17. AfDB AfDB, . "The AfDB Statistics Pocketbook 2013," AfDB Statistics Pocketbook, African Development Bank, number 459.
    18. Marjorie B. McElroy, 1990. "The Empirical Content of Nash-Bargained Household Behavior," Journal of Human Resources, University of Wisconsin Press, vol. 25(4), pages 559-583.
    19. Dnes,Antony W. & Rowthorn,Robert (ed.), 2002. "The Law and Economics of Marriage and Divorce," Cambridge Books, Cambridge University Press, number 9780521809337.
    20. Martin Halla, 2013. "The Effect Of Joint Custody On Family Outcomes," Journal of the European Economic Association, European Economic Association, vol. 11(2), pages 278-315, April.
    21. Laura Tach & Ronald Mincy & Kathryn Edin, 2010. "Parenting as A “package deal”: Relationships, fertility, and nonresident father involvement among unmarried parents," Demography, Springer;Population Association of America (PAA), vol. 47(1), pages 181-204, February.
    22. Justin Wolfers, 2006. "Did Unilateral Divorce Laws Raise Divorce Rates? A Reconciliation and New Results," American Economic Review, American Economic Association, vol. 96(5), pages 1802-1820, December.
    23. George A. Akerlof & Janet L. Yellen & Michael L. Katz, 1996. "An Analysis of Out-of-Wedlock Childbearing in the United States," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 111(2), pages 277-317.
    24. Shelly J. Lundberg & Robert A. Pollak & Terence J. Wales, 1997. "Do Husbands and Wives Pool Their Resources? Evidence from the United Kingdom Child Benefit," Journal of Human Resources, University of Wisconsin Press, vol. 32(3), pages 463-480.
    25. Parkman, Allen M, 1992. "Unilateral Divorce and the Labor-Force Participation Rate of Married Women, Revisited," American Economic Review, American Economic Association, vol. 82(3), pages 671-678, June.
    26. Martin Halla, 2009. "The Effect of Joint Custody on Marriage and Divorce," Economics working papers 2009-09, Department of Economics, Johannes Kepler University Linz, Austria.
    27. Robert Michael & Nancy Tuma, 1985. "Entry into marriage and parenthood by young men and women: The influence of family background," Demography, Springer;Population Association of America (PAA), vol. 22(4), pages 515-544, November.
    28. Weiss, Yoram & Willis, Robert J, 1985. "Children as Collective Goods and Divorce Settlements," Journal of Labor Economics, University of Chicago Press, vol. 3(3), pages 268-292, July.
    29. Cheung, Steven N S, 1972. "Enforcement of Property Rights in Children, and the Marriage Contract," Economic Journal, Royal Economic Society, vol. 82(326), pages 641-657, June.
    30. Jonathan Gruber, 2004. "Is Making Divorce Easier Bad for Children? The Long-Run Implications of Unilateral Divorce," Journal of Labor Economics, University of Chicago Press, vol. 22(4), pages 799-834, October.
    31. Robert J. Willis, 1999. "A Theory of Out-of-Wedlock Childbearing," Journal of Political Economy, University of Chicago Press, vol. 107(S6), pages 33-64, December.
    32. McElroy, Marjorie B & Horney, Mary Jean, 1981. "Nash-Bargained Household Decisions: Toward a Generalization of the Theory of Demand," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 22(2), pages 333-349, June.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Martin Halla, 2015. "Do joint custody laws improve family well-being?," IZA World of Labor, Institute of Labor Economics (IZA), pages 147-147, May.
    2. Yang Chen & Trevon D. Logan, 2020. "Is the Best Interest of the Child Best for Children? Educational Attainment and Child Custody Assignment," Southern Economic Journal, John Wiley & Sons, vol. 86(3), pages 1041-1080, January.
    3. Ho-Po Crystal WONG, 2016. "Credible Commitments and Marriage: When the Homemaker Gets her Share at Divorce," JODE - Journal of Demographic Economics, Cambridge University Press, vol. 82(3), pages 241-279, September.
    4. Peter Blair & Elijah Neilson, 2023. "Divorce and Property Division Laws Shape Human Capital Investment," Working Papers 2023-020, Human Capital and Economic Opportunity Working Group.
    5. Daniela Vuri, 2018. "Joint custody law and mothers’ labor market outcomes: evidence from the USA," Journal of Population Economics, Springer;European Society for Population Economics, vol. 31(4), pages 1203-1237, October.
    6. Ho-Po Crystal Wong, 2014. "The Importance of Credible Commitments in Marriage: The Effect of Recognizing Homemakers’ Contribution in Property Division at Divorce in Law on Marital Formation and Dissolution," Working Papers 14-32, Department of Economics, West Virginia University.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Rose, Elaina & Wong, Crystal (Ho Po), 2014. "But Who Will Get Billy? The Effect of Child Custody Laws on Marriage," IZA Discussion Papers 8611, Institute of Labor Economics (IZA).
    2. Wolfgang Frimmel & Martin Halla & Rudolf Winter-Ebmer, 2016. "How Does Parental Divorce Affect Children's Long-term Outcomes?," Working Papers 2016-13, Faculty of Economics and Statistics, Universität Innsbruck.
    3. Martin Halla, 2013. "The Effect Of Joint Custody On Family Outcomes," Journal of the European Economic Association, European Economic Association, vol. 11(2), pages 278-315, April.
    4. Yang Chen & Trevon D. Logan, 2020. "Is the Best Interest of the Child Best for Children? Educational Attainment and Child Custody Assignment," Southern Economic Journal, John Wiley & Sons, vol. 86(3), pages 1041-1080, January.
    5. Daniela Vuri, 2018. "Joint custody law and mothers’ labor market outcomes: evidence from the USA," Journal of Population Economics, Springer;European Society for Population Economics, vol. 31(4), pages 1203-1237, October.
    6. Niko Matouschek & Imran Rasul, 2008. "The Economics of the Marriage Contract: Theories and Evidence," Journal of Law and Economics, University of Chicago Press, vol. 51(1), pages 59-110, February.
    7. Heggeness, Misty L., 2020. "Improving child welfare in middle income countries: The unintended consequence of a pro-homemaker divorce law and wait time to divorce," Journal of Development Economics, Elsevier, vol. 143(C).
    8. Oleksandr Zhylyevskyy, 2012. "Spousal Conflict and Divorce," Journal of Labor Economics, University of Chicago Press, vol. 30(4), pages 915-962.
    9. Chigavazira, Abraham & Fisher, Hayley & Robinson, Tim & Zhu, Anna, 2019. "The Consequences of Extending Equitable Property Division Divorce Laws to Cohabitants," Working Papers 2019-02, University of Sydney, School of Economics.
    10. Bargain, Olivier & González, Libertad & Keane, Claire & Özcan, Berkay, 2012. "Female labor supply and divorce: New evidence from Ireland," European Economic Review, Elsevier, vol. 56(8), pages 1675-1691.
    11. González-Val, Rafael & Marcén, Miriam, 2009. "Breaks in the Breaks: A Time-Series Analysis of Divorce Rates," MPRA Paper 14851, University Library of Munich, Germany.
    12. Pablo Brassiolo, 2016. "Domestic Violence and Divorce Law: When Divorce Threats Become Credible," Journal of Labor Economics, University of Chicago Press, vol. 34(2), pages 443-477.
    13. Lehrer, Evelyn L. & Son, Yeon Jeong, 2017. "Marital Instability in the United States: Trends, Driving Forces, and Implications for Children," IZA Discussion Papers 10503, Institute of Labor Economics (IZA).
    14. Corradini, Viola & Buccione, Giulia, 2023. "Unilateral divorce rights, domestic violence and women’s agency: Evidence from the Egyptian Khul reform," Journal of Development Economics, Elsevier, vol. 160(C).
    15. Duha T. Altindag & John Nunley & Alan Seals, 2017. "Child-custody reform and the division of labor in the household," Review of Economics of the Household, Springer, vol. 15(3), pages 833-856, September.
    16. Smith, Ian, 2007. "Property division on divorce with inequity aversion," International Review of Law and Economics, Elsevier, vol. 27(2), pages 111-128.
    17. Elizabeth Horner, 2014. "Continued Pursuit of Happily Ever After: Low Barriers to Divorce and Happiness," Journal of Family and Economic Issues, Springer, vol. 35(2), pages 228-240, June.
    18. Ho-Po Crystal WONG, 2016. "Credible Commitments and Marriage: When the Homemaker Gets her Share at Divorce," JODE - Journal of Demographic Economics, Cambridge University Press, vol. 82(3), pages 241-279, September.
    19. González, Libertad & Viitanen, Tarja K., 2009. "The effect of divorce laws on divorce rates in Europe," European Economic Review, Elsevier, vol. 53(2), pages 127-138, February.
    20. Levin, Mark (Левин, Марк) & Matrosova, Ksenia (Матросова, Ксения), 2018. "Development and Research of Economic Behavior of Households in Changing Conditions [Разработка И Исследование Экономического Поведения Домохозяйств В Изменяющихся Условиях]," Working Papers 041825, Russian Presidential Academy of National Economy and Public Administration.

    More about this item

    Keywords

    Marriage; Custody; Family Law;
    All these keywords.

    JEL classification:

    • J1 - Labor and Demographic Economics - - Demographic Economics
    • J12 - Labor and Demographic Economics - - Demographic Economics - - - Marriage; Marital Dissolution; Family Structure
    • J16 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Gender; Non-labor Discrimination
    • J18 - Labor and Demographic Economics - - Demographic Economics - - - Public Policy
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wvu:wpaper:14-30. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Feng Yao (email available below). General contact details of provider: https://edirc.repec.org/data/dewvuus.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.