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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Does NYS recognize Birds Nest Custody Coupled with Joint

Resolved Question:

Does NYS recognize "Bird's Nest" Custody Coupled with Joint Physical and Legal Custody? Could the Judge Rule on it even without desire from one of the parents?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Such an arrangement is usually created and set up by the couple themselves, and not the court. However, if it is consented to by both parties, the judge will allow such an arrangement to take place. Just be aware that the custodial arrangement you are planning is rather expensive to implement, as you will have to have 3 different locations for habitation (one for the kids, and one for each parent when not living with the kids).

If there is no desire from one of the parents, the judge will not rule on such an arrangement, because it is such a pricey and relatively complicated arrangement to enforce.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 8:27 AM EST
Customer: replied 6 years ago.
Follow up: I am Providing my personal place as well as the "Birds nest" I have 2 dwellings. I am also offering to provide any and all transportations for her and 100% of needed Utilities and transp, while the mother is on her visit. As far as the 3rd place "hers" there will be no out of ordibary expense for her as she is living with her mother and 35yo uncle 4hrs away from me. She also has time capability as well as she is not workin and never has as long as ive known her. Very dependant as her mom will be providing for her while she is there. I would think this would be more of a stable situation. Im also willing to offer my "personal" space to her as desired whan im in the birds nest to help her feel as though im not excluding her in the childs life. perhapse little stability for her as well than her mom"s
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

As what you are offering is fairly novel and complex (even if simpler for you), the courts will not agree to it if your ex refuses to consent. Such an agreement only works if both parties agree, and it is far more likely that the courts will simply split the time and custody, and allow both parents separate time and custody solely at their personal residences.

I am sorry.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 8:39 AM EST
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