What is a Birdnesting Custody Arrangement in Illinois?

 Posted on September 28, 2023 in Divorce and Family Law

Birdnesting custody arrangements, also known as bird’s nest custody, are a unique and alternative approach to child custody during divorce or separation. Essentially, the arrangement focuses on providing the highest level of stability possible in order to minimize disruption for the children involved. In Illinois, birdnesting custody arrangements have gained recognition and may be an arrangement style that works for your family. If you are getting a divorce and have kids, discuss custody options with your lawyer, as they possess the legal knowledge to provide you with worthy advice as you look to make the best decision available for your child and future.

Defining Birdnesting Custody

Birdnesting custody arrangements involve the children remaining in the family home while the parents rotate in and out of the residence. This arrangement is designed to minimize the upheaval that children typically experience during a divorce or separation. Instead of the children moving between two separate residences, the parents take turns living in the family home and maintaining a consistent living environment for the children. Birdnesting custody arrangements can be a temporary or long-term solution, depending on the needs and preferences of the family.

Legal Considerations

In Illinois, like most states, birdnesting custody arrangements are not explicitly addressed in family law statutes. However, they are recognized and can be implemented by mutual agreement between the parents, with the court’s approval. It is important to consult with an attorney experienced in family law to ensure that the arrangement complies with all legal requirements and protects the rights and interests of both parents and children.

Key Factors in Birdnesting Arrangements

When determining the feasibility and suitability of a birdnesting custody arrangement in Illinois, several factors should be considered:

• Cooperation between the parents – Successful birdnesting arrangements rely on a high level of cooperation and effective communication between the parents.

• Financial considerations – The financial implications of maintaining one family home while the parents live separately should be carefully addressed. 

• Privacy and boundaries – Clear guidelines regarding personal space, privacy, and boundaries within the family home should be established.

• Long-term sustainability – The parents must consider whether a birdnesting arrangement is practical and sustainable in the long run, considering potential changes in circumstances, such as new partners or job relocations. 

Contact a DuPage County Child Custody Lawyer 

To ensure the custody arrangement you choose is the right one for your family and situation, contact the experienced DuPage County child custody attorneys at Stock, Carlson & Asso. LLC. Call 630-665-2500 for a private consultation.