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Nesting and other child custody arrangements

On Behalf of | Apr 21, 2025 | Family Law

In Virginia, while traditional custodial plans remain the norm, courts permit parents to pursue creative alternatives when both parties agree, and the arrangement meets the child’s emotional, physical and developmental needs. One such approach is “nesting,” which is becoming an increasingly discussed option among co-parents seeking stability during separation or divorce, but it is not the only creative co-parenting strategy.

Understanding the nesting model

Nesting, or “birdnesting,” allows children to remain in the family home while parents alternate residency based on a set schedule. Instead of the child moving between two households, each parent takes turns living in the shared home, while maintaining separate accommodations elsewhere. Some parents even share that separate accommodation to reduce costs, post-divorce. The idea is to reduce disruption in the child’s daily routine and school life. Virginia courts do not impose or prohibit nesting arrangements, but they may approve them when both parents support the plan, and it aligns with the child’s best interests.

Exploring other flexible custody approaches

Beyond nesting, Virginia families have explored hybrid schedules, parallel parenting and shared digital tools to help coordinate care. Hybrid custody combines elements of joint and sole custody with flexible visitation. Parallel parenting works well in high-conflict situations by limiting direct communication between parents while maintaining structured contact with the child. Apps and co-parenting platforms help streamline communication and scheduling. These approaches aim to reduce friction and promote consistency in the child’s routine.

Emphasizing stability and flexibility child custody cases

Virginia law encourages customized solutions when they support a child’s health, safety and emotional well-being. Judges routinely evaluate parental cooperation, consistency and willingness to maintain the child’s community ties. Nesting and other creative custody models may be appropriate where both parents demonstrate mutual respect and open communication.

The key takeaway is that child custody does not have to follow a fixed formula. In our state, flexible solutions, like nesting, can offer continuity for children and foster a cooperative environment for parents navigating family transitions.

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