“Nesting” Custody Arrangements: Beneficial or For the Birds?

During a divorce, parties with a child or children may consider various interim physical custody arrangements.

A “nesting” custody or co-parenting arrangement, named after bird nesting, is when each party alternates living with the children in the marital residence.

For example, Parent A may live with the children in the marital residence on Week 1 while Parent B lives in a rental apartment, and Parent B may reside with the children on Week 2 while Parent A lives in said apartment, and this schedule would rotate every other week. Under this arrangement, each party resides with the children in the home per a set schedule, and the children permanently remain in the house for the duration. When deciding whether a nesting arrangement is feasible, one should consider the pros and cons.

PROS

• Provides stability and consistency for the children.
• Potentially minimizes conflict between the parties while the divorce is pending because an interim resolution on custody has been reached.
• Depending on where the non-residing parent lives, this could be a cost-efficient option.
• Allows parties more time to determine the disposition of the marital residence, specifically, who keeps the residence, which can be included as part of a global settlement agreement that is later reached.
• Provides both parties the ability to have time with and custody of their children.
• Offers a transition period to both parties and the children during the divorce so that any change is not overwhelming or all at once.

CONS

• May provide one party with false hope of reconciliation or prevent parties from “moving on” quicker.
• Could lead to more tension/conflict if parties care for the home differently or disagree on certain maintenance issues.
• Financially, it could lead to more challenges regarding the sharing of household expenses and potential payments on a second residence.
• Reduced privacy for the parties.
• Not a long-term solution so there will be additional transition(s).

Nesting is a good short-term option for parties who are amicable, able to respectfully communicate, trust one another, and can make joint decisions in the best interests of their child(ren). Obermayer family law attorneys are experienced in handling all aspects of custody cases and working with parents to decide the best custody arrangements for their family. For more information, set up a consultation with an Obermayer attorney today. 

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.