The Rise of ‘Birdnesting’ in Illinois Custody Cases: Does It Work?
As a divorce lawyer in Schaumburg, I have seen custody arrangements evolve in creative ways over the years. One arrangement that has been gaining attention is “birdnesting,” a system where the children stay in the family home while the parents rotate in and out. The goal is to provide stability for the children during a divorce by keeping them in a familiar environment, while parents adjust to living separately.
The idea sounds appealing in theory: children avoid moving back and forth between two homes, and their day-to-day lives remain consistent. Yet, as with any custody arrangement, Illinois law requires courts to consider whether the setup serves the best interests of the child under 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act. Birdnesting can work for some families, but it also comes with significant legal, financial, and emotional challenges.
In practice, birdnesting requires strong cooperation, communication, and trust between parents. If domestic violence, financial disputes, or high-conflict situations exist, this type of arrangement can become unmanageable. My role as an attorney is to help clients assess whether birdnesting is realistic in their case, explain the legal implications, and prepare for the potential pitfalls that come with such an arrangement.
What Birdnesting Looks Like In Practice
Birdnesting typically involves the children living in the marital home while parents alternate living there on a schedule. The parents may rent or own a separate apartment for the off-duty parent, or they may each maintain their own separate residence. The arrangement can be temporary—lasting during the divorce process—or longer-term if both parents believe it continues to benefit the children.
Because Illinois courts place children’s best interests at the forefront, judges may approve birdnesting if both parents demonstrate they can make it work. However, courts also look for stability, cooperation, and respect for court orders. If either parent uses the arrangement to harass or control the other, the court may intervene and modify the parenting plan.
The Legal Framework Under Illinois Law
Birdnesting arrangements are governed by the same statutes as any other parenting plan. Under 750 ILCS 5/602.7, courts consider factors such as:
- The wishes of the child, depending on age and maturity
- Each parent’s ability to cooperate in decision-making
- The mental and physical health of all parties
- Any history of domestic violence or abuse
- The ability of each parent to foster a relationship between the child and the other parent
It is important to note that if an order of protection is in place under the Illinois Domestic Violence Act, 750 ILCS 60, birdnesting is not realistic. Courts will not approve arrangements that risk placing the child or one parent in an unsafe situation. For families with conflict, trust issues, or power imbalances, birdnesting often becomes unworkable and detrimental.
Financial And Logistical Challenges
Birdnesting is financially demanding. Parents must maintain not only the marital home but also additional living arrangements. Even when both parents can afford it, disagreements may arise about expenses, repairs, or utility payments. Illinois law does not provide a specific framework for dividing birdnesting costs, so clear agreements must be written into the parenting plan or court order.
Additionally, logistical issues surface quickly. Parents must decide how household chores, cleaning, and grocery shopping will be handled. Without clear guidelines, resentment builds, and the arrangement may collapse. As an attorney, I stress the importance of anticipating these details and incorporating them into the parenting agreement.
Does Birdnesting Really Work?
For some families, birdnesting provides children with much-needed consistency during a difficult transition. For others, the arrangement quickly leads to conflict, financial strain, and legal disputes. The success of birdnesting depends heavily on the parents’ ability to communicate, cooperate, and set boundaries.
Judges in Illinois will rarely impose birdnesting without parental agreement. Instead, the court looks for a plan proposed by the parents that is feasible, fair, and truly in the best interests of the child. If the arrangement fails, either parent can petition the court to modify the parenting plan under 750 ILCS 5/610.5.
Frequently Asked Questions About Birdnesting In Illinois Custody Cases
What Is The Main Purpose Of Birdnesting?
The purpose of birdnesting is to provide children with stability during a divorce by keeping them in one home while the parents alternate living there. This arrangement minimizes disruption for the children but requires cooperation between parents.
Does Illinois Law Recognize Birdnesting As A Formal Custody Option?
Illinois law does not specifically reference birdnesting, but it allows flexible parenting arrangements under 750 ILCS 5/602.7 if they are in the best interests of the child. Courts evaluate birdnesting like any other parenting plan.
Can Birdnesting Work If There Is A History Of Domestic Violence?
No. If an order of protection is in place under the Illinois Domestic Violence Act, courts will not approve birdnesting. The safety of the child and the parents is the highest priority, and this type of arrangement requires trust and cooperation.
What Financial Issues Arise With Birdnesting?
The arrangement often requires maintaining multiple homes or apartments, which can be costly. Parents must agree on how to split expenses such as mortgage payments, utilities, and groceries. Without clear agreements, financial disputes are common.
Is Birdnesting Typically Temporary Or Permanent?
Birdnesting is usually temporary, often lasting only while the divorce is pending or until the children adjust. Some families extend it longer, but few sustain the arrangement permanently because of financial and emotional challenges.
What Happens If One Parent Stops Cooperating?
If one parent fails to cooperate, the other parent can request a modification of the parenting plan under 750 ILCS 5/610.5. Courts may end birdnesting if it is no longer workable or if it creates instability for the children.
Do Judges Ever Require Birdnesting Without Agreement?
It is rare. Judges typically prefer arrangements that both parents can realistically manage. Forcing birdnesting on unwilling parents usually results in failure, so it is generally approved only when both parents propose it.
Does Birdnesting Impact Child Support Obligations?
Birdnesting does not automatically change child support obligations. Courts calculate support based on income shares under 750 ILCS 5/505, regardless of where the child lives. Parents may request adjustments if expenses are unusual or disproportionate.
Call The Law Office Of Fedor Kozlov Today
At the Law Office of Fedor Kozlov, I help families in Schaumburg and throughout Chicago explore custody options that truly protect their children’s best interests. Whether considering birdnesting or other parenting arrangements, I work to ensure plans are legally sound and practical for the long term.
Contact our Chicago child custody attorney at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. My firm represents clients in Schaumburg and across the Chicago area, providing guidance and strong advocacy in divorce and custody matters.
