Legal Definitions - bird-nesting

Bird-nesting is a modern child custody arrangement used by divorced or separated parents. In this setup, the children remain permanently in one primary residence – often the former family home – while the parents are the ones who rotate in and out of that home according to their custody schedule. Essentially, the children stay in their "nest," and the parents take turns living there with them, moving to a separate, individual residence during their off-duty periods.

This arrangement is designed to provide stability and continuity for children by minimizing disruption to their daily routines, school, and social lives, as they do not have to pack their belongings and move between different homes.

• Example 1: Maintaining a Stable Environment for Young Children

  After their divorce, Maria and David, who have two young children aged 4 and 6, decide to implement a bird-nesting arrangement. The children continue to live in their familiar family home, which is close to their school and friends. Maria lives in the home with the children for one week, while David stays in a small apartment he rents nearby. The following week, David moves into the family home to care for the children, and Maria moves to her own separate residence. This cycle repeats, ensuring the children always wake up in the same bed and are surrounded by their own toys and belongings.

  This illustrates bird-nesting because the children's living environment remains constant and undisturbed, while the parents are the ones who alternate their residences to fulfill their custody obligations.

• Example 2: Preserving a Specific Home for Teenagers

  The Rodriguez family has three teenagers, 13, 15, and 17, who are deeply involved in local sports teams and school clubs. When Mr. and Mrs. Rodriguez decide to separate, they want to avoid uprooting their children from their established routines and friendships. They agree that the teenagers will continue to live in the family home full-time. Mr. Rodriguez lives in the home with the children from Monday to Friday, while Mrs. Rodriguez stays at a small condo she purchased. On weekends, Mrs. Rodriguez moves into the family home to be with the children, and Mr. Rodriguez goes to his condo.

  This demonstrates bird-nesting by showing how the teenagers maintain their stable home base, school district, and social connections without having to move between different residences, while their parents alternate living in the "nest."

• Example 3: Utilizing a Shared Asset Post-Divorce

  Sarah and Tom own a large house with a significant mortgage that they both contributed to. Rather than selling it immediately after their divorce, they agree to a bird-nesting arrangement for their 9-year-old son. Their son lives in the house permanently. Sarah lives in the house with their son for two weeks, during which Tom stays with a relative. Then, Tom moves into the house for the next two weeks, and Sarah stays in a rented room. This allows them to maintain the house for their son's benefit while they figure out long-term housing solutions and financial arrangements.

  This example highlights bird-nesting as a practical solution where the child's residence remains fixed in the family home, and the parents alternate living there, often also serving to manage a shared asset post-divorce.