You’ve decided to file for divorce rather than stay in an unhappy marriage. Like all good parents, you want what is best for your children and are hopeful that you and your spouse can achieve a settlement that causes your kids the least amount of disruption possible in their daily lives. For child custody purposes, you may want to consider sharing your California home with your ex.
The main benefit of this type of child custody arrangement is that your children do not have to move to a new home following your divorce. This means that they can also keep attending school in the same district as they did during your marriage. The term “bird nest custody” refers to this unique type of agreement. If you and your ex decide to try it, your kids will live in the home you shared during marriage year-round.
Where do the parents live in a bird nest child custody arrangement?
It’s logical to assume that your children won’t be living in your marital home by themselves. The way bird nest custody works is this: Your kids stay living in the same house they were residing in before you decided to divorce. You and your ex will take turns living with them.
You can agree to a child custody exchange every week or month. Perhaps you think it’s best for each parent to reside with your children for several months at a time. There are no rules about how long each parent can or must stay with their kids in a bird nest custody arrangement. You may execute whatever plan you determine is best for your children.
Contact a lawyer, call 888-273-7939
It’s best to lay some ground rules if you’re going to share a house with your ex
In some ways, sharing a house with your former spouse can be awkward. It might feel odd seeing his or her personal items lying around the house. There’s also the possibility that you or your ex might enter a new romantic relationship. What then? To avoid arguments, discomfort and legal problems, it’s best to discuss such issues ahead of time and incorporate terms of agreement into your plan.
For instance, you might agree that the other parent must meet a new romantic partner before the kids do. You might agree that romantic partners may visit but not spend the night at the family home. If privacy is a primary concern, you can claim certain rooms as “off limits” to each other, such as a bedroom.
Is bird nest child custody legal?
You can draft a bird nest child custody plan the same as any other custody agreement. A California family court judge can approve your plan. If you’re not more than 95% certain that it will work well in your case, you can agree to try it temporarily by setting a date for when you will make a final decision.
If legal complications arise while you’re implementing a child custody plan, you can seek additional support to help resolve the issue. This is especially wise if your ex is disregarding a court order.
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