Albany Family Law Blog

Have you considered nesting as a custody plan after your divorce?

Posted by Joanne P. Monagan, Esq. | Mar 05, 2021 | 0 Comments

Are you struggling to come up with a good child custody solution as you go through a divorce? It's not that you and your spouse are fighting over the kids. You both agree that you should share time and responsibilities. It's just that you're not sure how to do it. 

The children, after all, are very resistant to moving. They love their home, they want to stay in their rooms — a personal room is a very special and often irreplaceable space to a child — and they don't want to leave their neighborhood friends. They may also be worried about switching schools.

If you sell your home and move, though, all of that has to change. Nesting may be a solution that prevents so much change and puts the kids first. 

How does nesting work?

With nesting, you keep your home. You then create a custody schedule that works for you, usually with roughly equal parenting time. For instance, switching custody every other week is common. 

The difference with nesting is that the children stay in the home that you and your ex did not sell. If your ex has custody this week, he or she moves into the home with the kids. When you have custody next week, your ex moves out and you move in. Both of you have another place to live outside of the home when it's not your turn to have custody. 

Are you considering all your custody options?

Nesting can be difficult, as it requires parents to share a home and cooperate on a very high level. If you can do that, though, you can see how it helps to really consider all of your legal options. Thinking outside the box may get the best results. 

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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