Nesting Custody Agreements

In a typical custody arrangement, each parent has their own home and the children move back and forth between two residences. However, some parents may choose another arrangement where, instead of the children moving from one residence to another, it is the parents who move in and out of the marital residence and “nest” while the children remain in their home. For example, one parent may stay in the marital home from Monday through Thursday while the other parent stays in the house Thursday through Monday.

While the other parent is out of the home, he or she might stay with a family member or friend.

It is difficult enough for children to adjust to seeing their parents divorce and have a parent leave the house. That is why this kind of arrangement can benefit the children by taking away the added stress of having to shuttle between two homes, allowing them to stay in their own home in their own bedroom with all of their familiar belongings. Also, rather than selling the residence, they can remain in their current school and can maintain continued activities and contact with their friends.

This type of arrangement can be difficult for parents since it will require them to find a place to stay when the other parent is in the home. It can also be extremely challenging since a parent may not feel a sense of privacy, particularly if he or she is dating another person. While this type of custody arrangement may not be for everyone, it should not be overlooked, particularly when the benefits to the children are considered.

In one recent case, a Judge even ordered nesting as the solution to the parents.