What is a Nesting Arrangement?

What is a Nesting Arrangement?

Jul 25, 2023

Divorce can be an emotionally challenging and disruptive experience, particularly for children who may struggle to adapt to new living arrangements. In recent years, a unique custody arrangement known as “nesting” has gained attention as a potential solution to ease the transition for children during divorce. 

Nesting, also called “birdnesting,” is a co-parenting arrangement drafted by legal guardians allowing the children remain in the family home, and the parents take turns living there. While this arrangement offers certain advantages, it is essential to understand the legal aspects surrounding nesting and the role of a family law attorney in navigating this unique custody arrangement.

What is a nesting arrangement?

So, what exactly is a nesting arrangement? According to Psychology Today,  a nesting arrangement, the parents alternate living in the family home while the children remain in a stable and familiar environment. Instead of shuttling the children between two separate residences, the parents take turns staying in the family home and maintaining independent living arrangements when not in the house. 

In theory, the process of a nesting arrangement allows the children to experience minimal disruption to their daily routines and provides stability during significant change. The arrangement may also help with child custody arrangements, as one main home is understood to be the permanent residence of the children. 

What benefits does a nesting arrangement offer?

While nesting arrangements can offer benefits, it’s essential to recognize that the legalities surrounding nesting vary depending on the jurisdiction. Sometimes, the court may order a nesting deal as a temporary solution during divorce proceedings or as a transitional arrangement for a certain period. 

However, consulting with a family law attorney is crucial to understand your jurisdiction’s specific laws and guidelines regarding nesting contracts.

How can a family law attorney help?

A family law attorney plays a vital role in helping parents navigate the legal aspects of a nesting arrangement. Here’s how a lawyer can assist:

  1. Legal Guidance: A family law attorney deeply understands the legal framework surrounding divorce and custody matters. They can provide comprehensive guidance on the legality of a nesting arrangement in your jurisdiction, ensuring you know of any potential legal hurdles or requirements.
  2. Custody and Visitation Agreements: Nesting arrangements require clear and detailed custody and visitation agreements. A family law attorney can help you draft and negotiate these agreements, addressing essential factors such as the duration of each parent’s nesting period, financial responsibilities, and guidelines for shared use of the family home.
  3. Transitioning Out of Nesting: Nesting arrangements are often temporary, intended to provide stability during the divorce or transitional period. A family law attorney can assist in creating a plan for transitioning out of the nesting arrangement, helping parents establish permanent living arrangements that align with their long-term custody goals.

It is important to note that nesting arrangements may only be suitable for some families. While it can offer benefits such as stability for children and a cooperative co-parenting environment, nesting requires strong communication and cooperation between the parents. Evaluating the feasibility and practicality of a nesting arrangement is essential based on your unique circumstances and the dynamics between you and your co-parent.

Are you interested in learning more? Contact our team today.

A nesting arrangement can be an innovative solution to help children navigate the challenges of divorce while providing stability and familiarity. However, it is crucial to understand the legal aspects and seek guidance from a family law attorney specializing in custody and divorce matters. 

The Robbins & Licavoli PLLC lawyers can provide the necessary legal support, ensure compliance with local laws, and help you navigate the complexities of a nesting arrangement. If you are considering a nesting structure, consult our team today and allow us to help guide you through the legal process and help you make informed decisions that prioritize the well-being of your children.

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