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“Nesting” or “bird’s nest” custody
is a joint custody arrangement where the children remain in the family
home and the parents take turns moving in and out of the home into
separate residences.
In other words, the parents are “visiting” the children instead of the
children visiting the parents. The children’s schedules, schools,
friends and routines can be maintained without the stress of adjusting
to a custody schedule as soon as their parents separate.
Nesting arrangements are often used as the first step in moving toward
divorce, allowing the couple to physically separate before they are
ready to resolve disposition of the family home, finances and custody.
Nesting allows a family to “try out” a custody schedule to consider in
their final settlement.
Although nesting can be very beneficial to families in transition to
divorce, it is important to have the nesting agreement in writing to
corroborate the separation date and detail the custody schedule,
responsibilities and duration of the nesting period.
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