New Spin on Physical Custody: Birdnesting Custody Agreements

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New Spin on Physical Custody: Birdnesting Custody Agreements

Almost always, when a child custody or parenting plan is developed, the arrangements are made to suit one of the parents. Even in situations in which parents share legal custody of the child equally, one parent has primary physical custody of the child while the other parent has visitation rights or parenting time with the child. Alternative arrangements, like birdnesting custody agreements, are emerging that place the child at the center of the physical custody plan. The parents come and go instead of the children.

New Jersey Child Custody Laws

New Jerseyfavors child custody plans that award the parents joint legal custody of the child. Legal custody involves decision making with respect to the child’s health, welfare, and education. One parent is the custodial parent, meaning the child primarily lives with one parent; while the other parent is the non-custodial parent, meaning the other parent has visiting or parenting time with the child. New Jersey also recognizes grandparent visitation rights.


Birdnesting Custody Arrangements

Many parents today are looking for meaningful contact with their children post-divorce or separation from their partner. While it is well-settled that legal custody is shared, physical custody is often awarded to one parent because the child cannot be in two places at once.
Birdnesting custody arrangements center around the child. The child remains in the family home, while the parents go back-and-forth between the family home and their own home.

The key to successful birdnesting arrangements is a good relationship between the parents. It is crucial that the parents get along and keep communication lines open. It is also helpful if the parents use consistent parenting methods and share child raising methods and disciplinary rules.

On the legal side, birdnesting plans work best when the parents share joint legal custody. In New Jersey there is no law that forces parents into a child custody arrangement. Oftentimes courts award joint legal custody to both parents and residential custody to one parent. The noncustodial parent receives visitation or parenting time rights that is open to the needs of the noncustodial parent and child.

Will a Birdnesting Agreement Work for Your Family?

The answer depends on the composition and needs of your family. There are some bright line guidelines to guide decision making.

●       Parents need to be able to afford three homes – the family home and each parent’s home – or share the family residence post-separation or divorce.
●       Parents must agree to remain living in the same area post-separation or divorce.
●       Parents must commit to minimally disrupt the life of their child – any changes to the plan should keep the child at the center and disrupt the parents’ lives.
●       A nesting agreement, like any other custody arrangement, needs to be in writing and reviewed with a family law or divorce lawyer.


Contact a Hackensack, New Jersey Divorce and Family Lawyer

Schedule a consultation today with professional divorce and family law attorneys in Hackensack, New Jersey. Ask us about New Jersey’s child custody, visitation or parenting time, and child support laws and how they would affect your family.

Hackensack, New Jersey Divorce and Family Law Attorneys can help you understand your parental rights during a divorce or child custody proceeding. The Giro Law Firm provides legal services in a variety of divorce and family law matters, including contested divorces, prenuptial agreements, paternity testing, parental rights, adoption, spousal support, and civil union agreements.

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