What Is Bird’s Nest Custody, and Would It Work for My Situation?

St. Charles, IL child custody lawyerThe issues that need to be decided between a divorcing couple can be difficult. One of the most difficult is deciding how custody of children will be shared. In Illinois, child custody is divided between the allocation of parental responsibilities and parenting time. Parents must agree – or the court will decide for them – which parent will be responsible for major decisions in a child's life, including their education, medical treatments, and religion, as well as how parents will divide the children’s time between them. 

One of the most difficult parts of parenting time scheduling is the emotional burden, as well as the physical burden, it puts on children. They go from one parent’s house to the other, with a bedroom, different clothes, and toys in each home, and it can be exhausting for them. This is why many parents are turning to “bird’s nest” custody where the children live in the same home all the time, and it is the parents who take turns living there.

How Is Bird’s Nest Custody Handled?

Under a bird’s nest custody plan, the marital home becomes the “nest.” A child lives in the home full-time. The parents will have come up with a parenting time schedule, but it is the parents who stay with the child at the “nest” during their parenting time and leave when the other parent arrives for their parenting time.

Bird’s nest custody can work for parents who have equal parenting time or even in parenting schedules where one parent may only have parenting time every other weekend. No matter what the parenting time schedule is, the most important component this arrangement brings is consistency for the child who sleeps in the same bed every night. This also allows them to go to the same school, play with the same neighbors and friends, and participate in their regular extra-curricular activities with no interruptions because they have to be at the other parent’s home, which may not even be in the same town.

What Are the Downsides to Bird’s Nest Custody?

While there are many benefits to this type of arrangement, there are some factors that parents need to consider carefully before agreeing to it. For one thing, instead of maintaining two separate residences, the parents would be maintaining three – the marital home where the child lives and then their own homes where they stay during their non-parenting times.

It could also pose an issue should one or both of the parents enter into romantic relationships with other people. The traffic in the marital home could begin to get very busy with everyone coming and going, which is another reason why this type of custody arrangement would likely only work in situations where the parents have a good relationship despite the divorce.

Call a Kane County Divorce Lawyer

If you would like to learn more about bird’s nest custody or have any other parenting time questions, contact Shaw Sanders, P.C. at 630-584-5550 to schedule a free and confidential consultation with one of our St. Charles parenting time attorneys.



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