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Could "nesting" be the next big child custody trend?

For Colorado parents who are divorcing and looking through their custody options, there are a number of different choices to evaluate and potential avenues to pursue. Those options are a good thing, as families have the ability to find a child custody solution that meets their particular set of needs. There are a number of creative options that are available, including a practice that has come to be known as "nesting."

The term nesting relates to the way that birds raise their young, with the babies staying in the nest and both parents coming and going to provide food and other necessities. In terms of human families, nesting involves allowing the children to remain in the family home, while both parents rotate in and out according to their established custody schedule. The practice has a number of advantages, but is not ideal for every family.

Nesting allows the kids to maintain a high degree of stability. They are able to continue living in the home that they have come to know and love. Their things get to stay in place, and there is no need to go through the process of packing and unpacking that most children of divorce experience. For the parents, nesting provides the ability to create a living space of their own outside of the family home, which can be decorated and configured according to their specific needs. At the same time that the kids can have their things lying about in their rooms, parents don't have to deal with the debris of childhood cluttering up their personal living space.

Nesting can be a great fit for some Colorado parents, but it is not a one-size-fits-all solution. It requires considerable expense, as there will be three households to maintain, instead of just two. It can also introduce complications once one or both parents enter into new relationships. Even so, the mere existence of a solution as unusual as nesting demonstrates the flexibility available to parents who are looking for a child custody approach that suits their particular set of needs.

Source: The New York Times, "After Divorce, Giving Our Kids Custody of the Home", Beth Behrendt, May 30, 2017

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Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

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