Nesting Divorce


Nesting is a good option for parents going through a divorce, as it allows for more stability for a child. It involves the child staying in the family home 24/7 and the parents taking turns living there. But nesting does not necessarily work for every family. It is important to understand whether or not it works for you.
Regarding the issue of dual housing, according to Cornell Law School, nesting is a good option for many families. However, it involves parents overcoming several hurdles first.

What is Nesting in Divorce?

Nesting in the context of divorce refers to a child-centered arrangement where children remain in the family home while their divorced or separated parents take turns living there. This arrangement minimizes disruption in the children’s lives by maintaining a stable, familiar environment. In a typical nesting scenario, the children stay put in the family home, and the parents rotate in and out according to a predetermined schedule, often also maintaining separate residences where they live when not in the family home.

After you decide how to tell your kids about divorce, nesting can allow for a more smooth transition for your children.

Advantages of Divorce Nesting

The primary advantage of nesting is its stability for children during the often tumultuous divorce period. It allows them to stay in the same neighborhood, maintain the same routines, and attend the same schools. For parents, it can ease the guilt and stress associated with uprooting children during a divorce. However, nesting can be challenging to implement. It requires a high level of cooperation and communication between the parents and the financial means to support potentially three separate residences – the family home and two individual spaces for each parent.

Financial Hurdles with Divorce Nesting

The main one comes in the form of a financial hurdle. After all, parents cannot live in the family home 24/7 if they choose this option. They will need another place to live when it is not their turn at the family home.

Some choose to get around this financial pressure by rooming with relatives, friends, or other loved ones temporarily. Others may choose more affordable temporary accommodations, such as those provided by motels or hostels. Some may have the financial ability to rent small apartment units, too.

Trust Issues With Divorce Nesting

The other major issue is the trust parents must have in each other to make this work. After all, each parent will leave their co-parent alone in the family home, potentially for weeks. While unsupervised, they must trust one another to treat the home and each other’s personal property with the utmost respect.

If parents can meet these conditions, then nesting could possibly work. It is a good option to test out due to the benefits it can offer to a stressed child in these trying times.

Florida Laws About Nesting Divorce

Regarding Florida and its laws surrounding divorce nesting, it’s important to note that divorce laws can vary significantly from state to state in the U.S. In Florida, the primary focus in any divorce involving children is the best interests of the child. Florida custody laws encourage parents to share the responsibilities and joys of childrearing and typically prefers arrangements that allow for frequent and continuing contact with both parents.

While Florida law does not specifically address “nesting,” it does allow for various child custody arrangements, including innovative ones like nesting, as long as they serve the child’s best interests. This means that if both parents agree to a nesting arrangement and demonstrate that it is the best option for their child, a Florida court will likely support it. The arrangement would typically be detailed in the parenting plan checklist, a required document in Florida that outlines how the parents will share the daily tasks involved in raising the child, the time-sharing schedule, and how decisions about the child’s welfare are made.

However, the feasibility of a nesting arrangement in Florida would also depend on the parents’ financial situation and their ability to realize the benefits of co-parenting along with many other items on the divorce checklist. Since nesting requires maintaining multiple residences and a high degree of coordination, it might not be practical or affordable for all families. Additionally, the emotional dynamics post-divorce can also impact the success of such an arrangement. If parents struggle to communicate or cooperate, nesting could become more stressful and less beneficial for the children involved.

For more information, contact a Tampa divorce attorney at our firm.

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