As Chicago high-asset divorce lawyers, we have seen an increasing interest in “birdnesting” arrangements in Illinois custody cases. Birdnesting occurs when children remain in the family home while parents rotate in and out according to a parenting schedule. This approach is designed to minimize disruption in children’s lives by keeping them in familiar surroundings. While it may seem like an innovative solution, it presents unique challenges for parents and carries significant legal considerations under Illinois law. Families exploring birdnesting must balance stability for the children with practical issues such as finances, privacy, and long-term feasibility.
Illinois law focuses on the best interests of the child in every custody matter. Under 750 ILCS 5/602.7, courts consider factors such as the child’s adjustment to home, school, and community, as well as the ability of each parent to cooperate in making decisions. Birdnesting can align with these statutory factors by offering children consistency in their environment. However, the court also evaluates whether the arrangement is workable for parents and sustainable over time. What may be beneficial in the short term may not always be in the child’s or parents’ best interests in the long run.
Legal And Practical Considerations Of Birdnesting
Birdnesting requires a high degree of cooperation. Parents must share financial responsibilities, such as maintaining the family home, while also supporting their own separate living spaces. Disputes over expenses, repairs, and household management can easily arise. Additionally, issues related to privacy and boundaries may arise when parents move in and out of the same home.
Courts in Illinois do not specifically define birdnesting; however, they have the authority under 750 ILCS 5/602.7(b) to approve parenting plans that they determine are in the best interests of the child. When parents propose a birdnesting arrangement, the judge will review whether it promotes stability and whether both parents can effectively communicate. If conflict is high or cooperation is limited, the court may find that birdnesting is not a viable option.
When Birdnesting May Work
In some cases, birdnesting can be effective as a short-term arrangement. For example, parents may agree to birdnest during the early stages of a divorce to provide stability until permanent custody and property issues are resolved. Birdnesting can also help children transition gradually into a new family structure. However, as financial and personal circumstances change, most families move away from this arrangement.
Ultimately, Illinois courts remain guided by the best interests standard. While birdnesting may serve a child’s emotional needs temporarily, judges will closely examine whether it supports the overall health, well-being, and stability of the family over time.
Frequently Asked Questions About Birdnesting In Illinois Custody Cases
What Is Birdnesting In A Divorce Case?
Birdnesting is a custody arrangement where children remain in the family home, and parents alternate living there according to a schedule. This arrangement focuses on minimizing disruption for children while parents rotate in and out.
Does Illinois Law Recognize Birdnesting As A Custody Arrangement?
Illinois law does not define birdnesting specifically, but under 750 ILCS 5/602.7, courts have broad discretion to approve parenting plans that serve the child’s best interests. Judges can allow birdnesting if it is shown to promote stability and cooperation between parents.
Can Birdnesting Be A Long-Term Solution?
Most families find birdnesting works best as a short-term solution. Over time, financial pressures, privacy concerns, and the natural progression of moving forward after divorce make long-term birdnesting difficult to sustain. Courts often encourage parents to eventually adopt a more traditional custody arrangement.
How Does Birdnesting Affect Property Division?
Property division in Illinois is governed by equitable distribution principles under 750 ILCS 5/503. While birdnesting, the marital residence may still be considered part of the marital estate subject to division. The arrangement itself does not change ownership rights but can temporarily delay decisions about selling or dividing the home.
What Role Does Cooperation Play In Birdnesting?
Cooperation is critical. Parents must communicate about household expenses, scheduling, and boundaries. If parents struggle with communication or have a high level of conflict, birdnesting may not be manageable. Courts look at the ability of both parents to cooperate when evaluating custody arrangements.
Does Birdnesting Affect Child Support Obligations?
Child support in Illinois is calculated under the income shares model in 750 ILCS 5/505. Birdnesting does not eliminate support obligations. Courts will still evaluate each parent’s income and contribution toward the child’s expenses, including those associated with maintaining the family home.
Is Birdnesting Ever Court-Ordered Without Parental Agreement?
Courts generally do not impose birdnesting without the consent of both parents. Because it requires significant cooperation and commitment, judges are unlikely to order it in contested custody cases. Birdnesting typically arises from mutual agreements between parents.
Call Bruning & Associates, P.C. For A Free Consultation
At Bruning & Associates, P.C., we understand the complexities of high-asset divorce and custody arrangements in Illinois. Birdnesting can provide children with temporary stability, but it requires careful legal and practical planning. Our team is here to help evaluate whether this option fits the unique needs of a family while protecting long-term interests.
Contact our Chicago divorce attorney at Bruning & Associates, P.C. by calling (815) 455-3000 to schedule your free consultation. With offices in Chicago, Crystal Lake, and Schaumburg, we proudly serve clients throughout the Chicagoland metro area.