Overview of Bird's Nest Custody in NJ

A trend in some jurisdictions associated with custody and parenting time is what is known as bird's nest custody. The reality is that most divorcing couples are not aware of this type of schedule for custody and associated parenting time. Nevertheless, bird's nest custody visitation can be a wise course in some cases. If you have questions concerning child custody laws in NJ, you should speak to an experienced child custody attorney.   

Essentials of Bird's Nest Custody

Bird's nest custody differs from other custodial arrangements because the minor child remains in the same residence and the parents flow in and out according to the terms of a divorce decree or custody agreement. Typically, the custody parent occupies the premises a majority of the time with the minor child.

The noncustodial parent takes occupancy of the residence when it comes that individual's time to enjoy parenting time or visitation with the child. The custodial parent typically vacates the premises at that juncture. In some cases, when the parents are on decent terms and able to communicate appropriately, the custodial parent moves into the noncustodial parent's residence while the latter enjoys parenting time in the "bird's nest" with the child.

Parenting Time Defined

As an aside, it is important to understand that the vast majority of jurisdictions in the United States have adopted the concept of parenting time in regard to minor children and the noncustodial parent. The parenting-time concept is a departure from traditional visitation and is based on the premise that a noncustodial parent and child should not be visitors in the each other's lives.

Best Interests of the Child

The best-interests-of-the-child standard governs whether or not bird's nest visitation will be deemed an acceptable option. A key reason a slowly growing number of jurisdictions are finding this custody arrangement attractive in some cases is that it appears to provide stability and consistency for a minor child. Through bird's nest visitation, a minor child does not trek from house to house in order to spend quality time with both parents. The child is always in a set residence.

Many courts across the U.S. are becoming more flexible when it comes to creative custody and parenting time plans. Unique schemes can win approval from a judge, provided the parents demonstrate that the proposed plan serves the best interests of a minor child. In the end, a judge typically seriously considers the proposals of parents who appear to be working jointly and in a positive manner to develop a beneficial custody and parenting-time plan for a child.

Peter Van Aulen has been certified by the New Jersey Supreme Court as a matrimonial attorney. Peter Van Aulen is also a member of the Bergen County Early Settlement Panel. He offers a free initial consultation. If you have any questions concerning child custody laws in NJ call the Law Offices of Peter Van Aulen today at (201) 845 -7400.

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