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Attorneys at Raleigh Divorce Law Firm

Will birdnesting work?

On Behalf of | Mar 21, 2022 | Child Custody, Divorce |

Birdnesting is a trend increasing in popularity for parents considering divorce. We have discussed some of the aspects of birdnesting, which is often also known as nesting or “bird’s nest” co-parenting, in previous blog posts.

In short, this is an arrangement where the children continue to live in the home. Meanwhile, the parents take turns living at home with the kids during their parenting time and living in an outside residence.

More parents around the world see this as a good option for their families. However, many people might also wonder: does it work?

Will it work in legal terms?

In North Carolina, spouses must separate for at least one year and one day before they can file for divorce. The conditions of separation are:

  • Spouses must live in different homes during the separation period
  • At least one spouse must have the intent for a permanent separation

Some people considering birdnesting might worry about whether it aligns with these conditions and the legal requirements for separation. As long as spouses actually live in different residences – and properly switch between the family home and the outside residence without living together – then birdnesting will work and comply with legal conditions throughout the separation period.

How does it work on a personal level?

There are a few reasons why parents consider this option, including:

  • It allows the children to stay in a place they know, in a place of comfort and stability
  • It is a temporary solution, giving parents more flexibility before purchasing a new home and before dividing property in a divorce

However, whether or not it will work for your family depends entirely on your family’s situation. It generally works best when parents get along to some degree. After all, this arrangement would require parents to create a nesting plan and carefully prepare to continue sharing a space – even if it is not at the same time. They must consider their circumstances and their children’s best interests to see if this kind of arrangement will really work for them.