Nesting Arrangements in Child Custody: Is It Right for Your Family?

A nesting arrangement is a unique form of child custody that emphasizes stability for the child. In this setup, rather than the child(ren) shuttling between two homes, they remain in one primary residence. The parents, on the other hand, alternate their stays in this home, ensuring the children’s environment remains unchanged. The innovative approach of nesting is becoming a popular alternative for families prioritizing the emotional well-being of their children.

Why Choose A Nesting Arrangement in Austin, TX?

Central to the nesting arrangement is the idea of minimizing disruption in the child’s life. Divorce can be an unsettling time, filled with uncertainty. By keeping the child in a familiar environment, nesting aims to shield them from some of this upheaval.

Nesting Benefits That Stand Out

  • Stability and Continuity: Children thrive on routine. Nesting ensures that they remain in their familiar surroundings, preserving the comfort of their own bed, school routines, and neighborhood friendships.
  • Parental Cooperation: This arrangement necessitates strong communication and collaboration between parents, ensuring that the child’s best interests are always at the forefront. With a shared primary residence, parents can maintain more consistent rules, routines, and disciplinary methods, reinforcing a united front even in separation.
  • Beneficial for Young Children: Particularly for younger children, who might find it harder to adapt to constantly changing environments, nesting can provide a blanket of security during a tumultuous period.
  • Opportunity for Adjustment: This arrangement provides a buffer period, allowing children to slowly adapt to the idea of their parents living separately.

Nesting Challenges to Be Aware Of

As with any custody arrangement, nesting comes with its own set of challenges:

  • Potential for Conflict: Shared spaces require coordination. Misunderstandings over house responsibilities or schedules can lead to disagreements.
  • Long-term Viability: Over time, as parents move on with new partners or life changes, the feasibility of maintaining a shared residence may come into question.
  • Emotional Boundaries: The shared living arrangement can blur emotional boundaries, making it difficult for parents to move on emotionally or start new relationships. It is also possible for a nesting arrangement to confuse the children involved about the relationship between their parents.

When Might Nesting Not Be the Ideal Choice?

Nesting is not a one-size-fits-all solution. Some situations may make it challenging to enter into a beneficial nesting agreement.

  • History of Domestic Issues: If there’s any history of abuse or violence, a nesting arrangement might not be safe or feasible. The best place for a child to live in is a safe home.
  • Parental Conflicts: Effective communication is crucial. If parents can’t amicably co-exist or coordinate, this might not be the ideal arrangement.
  • Financial Implications: Nesting often requires parents to maintain three residences: the primary home where the children live and separate living spaces for each parent when they’re not at the primary residence. This can be costly and place additional strain on the family dynamic.

Navigating Nesting Arrangements with An Austin Attorney

In an ever-evolving family law landscape, nesting presents an alternative that prioritizes children’s emotional health. While it may not be suitable for everyone, for families that can maintain effective communication and cooperation, it offers numerous advantages.

Choosing the right custody solution requires careful consideration of the family’s unique dynamics. Deyerle Silva Smith, PLLC in Austin, TX is at the forefront of guiding families through these decisions and helping to navigate your family law matters as a whole. Our team’s deep understanding of both the emotional and legal facets of custody ensures families receive comprehensive advice tailored to their situation.

With vast experience in the Austin community, Deyerle Silva Smith recognizes that every family’s story is unique. Whether you’re considering a nesting arrangement or exploring other custody options, our experienced divorce and family law attorneys are equipped to provide clarity, guidance, and support. For dedicated counsel on nesting arrangements and other family law matters, visit our website to contact us, or call 512-375-4520.

Our expertise includes:

Achieving the best outcomes

See what our clients are saying about their case outcomes. 

"Candice, Ashley, and Laurie are highly professional, strategic, thorough, and above all intelligent. They helped me stay organized (which is no small feat), gracefully pivoted in the face of challenges, and provided emotional clarity in times of distress, even when those challenges and distressful situations were due to missteps by me. In my case, Candice routinely exhibited prescience regarding which matters deserved focus and which matters were distractions, which saved time, and money. Ashley expertly delivered to the court clear, concise, and highly effective summaries of complex topics. More than once, Candice and Ashley noticed and brought to light critical details that easily would have been missed and that had a huge impact. I couldn't say enough about how much this team helped me through my ordeal."
Greg Banister
"Lianna inspired confidence from my first contact with her. Her calming demeanor and good information convinced me to let her handle my divorce, and I believe that was a good decision to this day. She handled my divorce very professionally and respectfully and with favorable results. I can easily recommend Team Lianna for divorce matters."
Neil Sembower
"Incredibly experienced - Produces great results Kody was the best decision I made when choosing legal representation. His experience was invaluable in helping me understand the ramifications of each option and choices available during my divorce proceedings. The professional nature of Kody and his team was evident by their responsiveness and execution. Preparation meant everything as we headed into mediation and I felt supported and empowered by his informed and organized approach. He was sensitive and honest about the cost/benefit of each complex element of our assets/liabilities which led to a successful agreement and avoided costly litigation. Divorce is a major life event that has a long lasting impact on everyone involved. His guidance during this difficult time has made the experience positive for me and has laid a strong framework for my future and my children's future as I move forward."
"Divorce sucks. The issues keep coming years later. No other way to phrase it. My experience with the firm was top notch. I retained the firm for a mediation in an effort to have more visitation with my two young boys. My attorney (Lianna Smith) took my concerns and helped build a plan around what wanted. During all the times of frustration, Lianna would constantly talk me off the ledge and remind me to play the long game. Her paralegal (Laurie Theriot) was always available to answer a question or look up something. Laurie is a jewel!"
Richard Lazo
"Ultimately what needed to get done was done. But throughout the several months I used their service, I had to prompt them to do things. I also caught numerous errors that I feel like they should have caught prior to sending me something to approve. Fortunately I have had experience reviewing legal documents, though I’m definitely not an attorney. When I would send Laurie, the paralegal assigned to me, an email she was very responsive, so that was a good experience. I never had trouble getting ahold of them, I just usually had to prompt the communication and I did not think it was appropriate that I had to point out as many errors in legal documents as I did. If you are not prone to reading everything, proceed with caution."
Michael Bullock
"Knowledgeable, Realistic, Compassionate, & Gets Results When first meeting with Mr. Silva, he asked me, ideally, what I would like to get out of the divorce process and to prioritize them. He walked me thru how the legal process would work and then laid out a strategy to try to reach objectives we had set and agreed upon. Mr. Silva was very knowledgeable of the law and of the Williamson County court system. Mr. Silva and his team were always very responsive whenever I had a question or concern regarding my case. Mr. Silva valued my time and concerns. When is was all said and done, the strategy that Mr. Silva had laid out, worked, and we were able to achieve our top three priorities in the case. I would definitely retain him again in the future if the need ever arose."
"I needed an understanding divorce lawyer to help me complete complicated and detailed divorce. One that had been winding through the process in Washington DC and needed to start over and be re-executed in Texas. Laurie Theriot and her paralegal Candace Deyerle were amazing to work with and so helpful on the detail work. Thanks to the whole thing in helping set me free. I could not recommend them enough."
Victoria G.
"I went through a difficult divorce recently that required experience with LGBTQ issues. Picking Kody for my legal counsel was the best choice I could have made. I knew from the first meeting with Kody that he was completely invested in my case and would give it the attention it would require. He proved to be an exceptional lawyer. He was fair-minded, professional, and realistic at all times, even when my ex-wife’s lawyer was trying to make it extremely difficult to stay civil. He knew when to be firm and unwavering with the opposing counsel, which ultimately resulted in an agreement without having to go to court. Kody and his paralegal, Priscilla, are an excellent team. They were friendly and responsive at all times. The billing of my case was handled in a very prudent and efficient manner. I wouldn't hesitate to hire Kody again in the future."
"Outstanding Job Lianna listen to me and was compassion to my situation. She worked with me and guided me as to what I would be expecting during the whole divorce. She outline detail by detail the steps that were going to be taken. She was always there to answer my concerns and questions. During the mediation she fought all the way to make sure that I got my fair share. Her attention to detail was awesome. I couldn't had asked for a better lawyer than her. I had met with other lawyers before her and they didn't acknowledge the pain I was going through. However, when I met with her she listen and was so understanding toward my pain that I immediately knew she will fight for me."

Legal support for complex family law cases

Stand with a team who advocates for your rights