What Is Bird’s Nest Custody? Pros, Cons, and How It Works in New Jersey

bird’s nest custody in New Jersey

| By Herbert & Weiss, LLP

The classic custody arrangement after divorce has children splitting time between their parents, either by alternating weeks or trading off weeks and weekends. But there are other ways to share parenting time. One option that has gained attention in recent years is bird’s nest custody, also called birdnesting. The idea behind bird’s nest custody comes from the way some birds share care of their young.

In a bird’s nest arrangement, the children stay in the family home while their parents take turns living there with them. This arrangement is intended to promote stability for children after divorce. Staying in the same home may mean fewer changes to their daily routine, school commute, and activities while they adjust to their parents’ separation.

Bird’s nest custody is still relatively uncommon. Courts are generally unlikely to order it unless both parents request or agree to the arrangement. Parents considering birdnesting will need to work out a clear parenting schedule and decide where each parent will live when they are not staying in the family home with the children.

Read on to learn how bird’s nest custody works, what its potential benefits and drawbacks are, and what parents may need to consider. For help with a New Jersey family law matter, contact a savvy Englewood child custody attorney.

What Are the Pros and Cons of Bird’s Nest Custody?

Birdnesting may help reduce some of the disruption children experience during a divorce. Children can remain in familiar surroundings and follow a more consistent routine as they adjust to changes in their family. Keeping one home base may also make it easier to maintain school and extracurricular schedules.

The arrangement may make some co-parenting logistics easier, too. Parents who communicate comfortably might be able to coordinate during handoffs. Parents who prefer less direct contact may find it useful to leave notes or share household information in another agreed-upon way.

Bird’s nest custody is not the right fit for every family. It usually depends on both parents being willing to cooperate and follow a shared parenting schedule. If the parents cannot agree on co-parenting, or if one parent is the primary custodian, birdnesting may be difficult to maintain.

The cost can also be a challenge. Each parent will need somewhere to live when they are not in the family home. If they do not share a second residence, the family may need to maintain three homes instead of two, which can be prohibitively expensive.

Dating and new relationships may bring other complications. A new partner may be uncomfortable with the arrangement, and a future live-in partner may have to accommodate a schedule in which the parent moves between homes.

Is Bird’s Nest Custody Right for Your Family?

Bird’s nest custody may be worth discussing if both parents are committed to co-parenting, can agree on a schedule, and can manage the added housing costs. Talk with your family law attorney about birdnesting and other custody arrangements to consider what may work best for your children and family.

Dedicated Service and Excellent Representation for Your New Jersey Child Custody Matters

If you’re considering divorce in New Jersey or dealing with child support, child custody, property division, or other family law issues, contact the Englewood family law attorneys at Herbert & Weiss at (201) 440-6300.

Frequently Asked Questions About Bird’s Nest Custody

What is bird’s nest custody?
Bird’s nest custody is an arrangement in which children stay in the family home while their parents take turns living there during their parenting time.

Do children move between homes in a birdnesting arrangement?
No. The children remain in one home, and the parents alternate living there with them.

Will a New Jersey court order bird’s nest custody?
Bird’s nest custody is still relatively uncommon. Courts are generally unlikely to order it unless both parents request or agree to the arrangement. Discuss your circumstances with a New Jersey family law attorney.

What can make bird’s nest custody difficult?
Parents may need to manage additional housing costs, coordinate a clear schedule, communicate regularly, and consider how the arrangement may affect dating and new relationships.

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