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Bird’s nest parenting: A different kind of custody

On Behalf of | May 23, 2024 | FAMILY LAW - Child Custody

There is no doubt that divorce is difficult for all the parties involved, but it typically is the hardest of all on the kids. One of the more challenging aspects of divorce is the children having to move between their parents’ houses, which can sometimes require a change in schools and neighborhoods for the kids.

If you are the type of parents who are willing to think outside the box, a different kind of custody might be ideal for you and your family.

Could bird’s nest parenting work for you?

This custody concept involves the children remaining full-time in the family home while the parents rotate in and out of it during their allotted time with their children. This makes for fewer interruptions in the children’s lives and allows them to enjoy the stability kids need to live their best lives despite their parents’ divorce.

But this type of custody arrangement depends on both parents’ ability to treat one another civilly and respect each other’s boundaries. Clearly, not all couples are capable of this type of interaction in the aftermath of their split.

What do the courts say?

It’s important to understand that no court will ever order this type of custody without the consent of both parents. There are also some drawbacks to consider, e.g., what will happen if or when the divorced spouses find other partners?

It can also be expensive, as the former spouses will essentially be supporting three households — and not everyone can afford that. However, if all the details can be ironed out between the spouses, most New York family law courts will agree to a bird’s nest custody arrangement for the minor children.