Joseph H. Hobika, Sr., Esq. Joseph H. Hobika, Jr., Esq. Andrew J. Hobika, Esq.

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Is nesting the best option for me?

When a marriage ends, couples with children in New York want little more than ensuring the wellbeing of their children. Going from one house with two parents to two houses with one parent can be a difficult transition for them, and some couples try to minimize the effects of divorce on children by engaging in nesting. Nesting is a novel approach to custody arrangements and one that more and more couples are trying out.

Rather than children moving between two homes, as is what happens in a traditional arrangement, the children remain in the family home during a divorce and the parents rotate in and out in nesting. This allows everything to remain stable for the children and the grownups that must adapt. Though many people are considering this as a way to maintain stability in their children's lives, it is not the best option for everyone.

Firstly, there are legal consequences of nesting. Some states do not considered a couple legally separated if they are living in the same home. It also has the potential to effect property division, child support and spousal support orders. There may be tax consequences relating to the sale of the home as well. In addition to this, the cost of maintaining three homes is very high and unaffordable.

Nesting also has emotional consequences. It prevents many divorced couples from moving on and allows bitterness to fester over small things, such as leaving the family home dirty or not doing the share of the shopping. New partners are also unenthusiastic about this approach, as it doesn't allow the parties to move on financially.

While nesting may be an option for divorced couples to adopt initially, it is not always the best approach for everyone. Working out a child custody arrangement that best suits one situation can become possible by consulting an experienced attorney. It is important to understand what is best for everyone involved in the situation.

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