Robert G. Smith, PLLC

A different type of child custody

When New York parents go through a divorce, they may end up sharing physical custody of their children. One scenario is referred to as bird's nest custody. This is when the child lives in one house, but with only one parent at a time. If mom is in the house, dad is gone, and when dad is in the house, mom is gone.

While it is a rare arrangement, it can be in the child's best interest. Parents often have to ask for this type of custody, which means it is something that they agree on. However, it will not be mandated by the court if there are other options available. Another positive to such an arrangement is that the child enjoys more stability by staying in the same house. Instead of being shuttled between mom's house and dad's house, the parents revolve around the child.

A final benefit is that communication is easier because notes can be exchanged without having to actually see the other parent. However, the downside is that both the mother and father will need to have separate living arrangements when they are away from their children. This could also have an impact on any future relationships that they may have as their future partners may have to change their living arrangement to accommodate the custody agreement.

Having parental guidance from a mother and a father can help a child become better adjusted after a divorce. It could also help the child become a productive member of society as an adult. A family law attorney will often point this out to a parent when assisting in the negotiation of a custody arrangement.

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Robert G. Smith, PLLC
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