bob b asked:


I am going to be going to court with my ex for child custody. He still lives at home with his parents and only works part time is this going to help him since i work full time or hurt him because he cant even take care of him self?

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3 Responses to “Living at home while going for child custody?”

1. sabuesokiss on March 27th, 2011 9:13 am

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   its going to probably hurt him
   it really depends on the state honestly
   like Arizona’s a woman’s state and they always get the child
   you are a more stable environment
   and you can take care of yourself and your child

2. chrissylm37 on March 30th, 2011 12:30 am

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   Usually the Mom gets custody unless she is deemed unfit. You obviously have custody at the moment which shows you can provide for her, take care of her and work at the same time. Dad will get every other weekend visits or more if you let him.

3. George McCasland - Dads Rights on April 1st, 2011 1:33 pm

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   BIRD NEST CUSTODY

   It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.

   The children simply live at home and the separated or divorced parents take turns living with them there, but never at the same time.

   The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the bird’s nest. When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time. The separate residence could be a rented room, stay with friends or relatives, or the parents could share the cost of renting a two bedroom apart, with each having a secured room.

   At times, bird’s nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.

   Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.

   The arrangement can be expensive as it generally requires that three separate residences be maintained, the nest and a separate residence for each parent.

   The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
   In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird’s nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:

   In Lamont … the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known….

   Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house.