Nesting Agreement Custody: What It Is, Pros And Cons

A nesting agreement is used to keep the children in a central location. Rather than having the children shuttled from one parent's place to another, it is the parents who take turns visiting with their children. The idea is to minimize the disruptive effect of the divorce on the kids' lives.

How It Works

In most nesting agreements, the parents agree to keep the family home after the divorce, not for themselves, but for the kids. Both parents move out of the home and get their own places, but then put a schedule in place that allows them to take turns visiting the kids. The arrangement is structured in such a way that at no time are the kids without a parent. That way, the kids continue living in a familiar environment, going to the same school, and socializing with the same friends as they used to do prior to the divorce.  

The Benefits

Stability for the Kids

As mentioned above, one of the benefits of the nesting agreement is that the kids get to enjoy a stable life much as they used to do prior to the divorce. This has a huge benefit as far as the children's psychological well-being and development are concerned.

No Fight over Marital Home

Deciding on what to do with the marital home is one of the most controversial issues during a divorce. The nesting agreement option gives you an easy and beneficial way out; you keep the home as it is for your children.

Ability to Live in a Cheaper Place

Getting a home where you can live with your kids is more expensive than getting a home where you don't have to live with the kids. If the kids are living in the marital home, you can even get a bachelor pad because the kids don't have to visit you.

The Complications

Privacy Issues

The issue of privacy is likely to crop up when you decide to take the nesting agreement route. Don't forget that some of your things will inevitably remain in the marital home; it's impractical to shuttle with all your things back and forth between the marital home and your personal abode. What if one of you has moved on while the other hasn't, and evidence of another relationship shows up in the marital home?

Child Support and Expenditures

This is another potential complication because child support is usually to the parent having physical custody of the kids. The support is used to cater for the child's welfare by buying their clothing, food, and medical needs, and even paying for their hobbies. This is not easy to do if none of you has actual physical custody most of the time. For example, do both of you enjoy the foods in the fridge or do you separate your foods and only use your portion when you are there?

To learn more about nesting agreements, speak with a divorce attorney like those represented at