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“Nesting” in the Context of a Maryland Custody Dispute

By Christopher Castellano


Family dynamics can be complex even during times of tranquility, but this complexity can be exacerbated when it comes to divorce or separation. Yet, the well-being of the children involved remains paramount. In recent years, Maryland families are increasingly using a unique custody arrangement known as “nesting.” Nesting is an arrangement where children remain in a primary residence and parents alternate their time in the residence, which prioritizes stability and continuity for children during a divorce or separation. In this blog post, we’ll explore what nesting entails, how it works, its benefits, and some considerations for Maryland families.

What is Nesting?

Nesting is unconventional but an innovative approach to co-parenting during or after a divorce or separation. With a nesting arrangement, the children remain in the family home, while the divorced or separated parents alternate their time in the home. This means that the children maintain a consistent living environment while the parents rotate in and out according to a predetermined schedule. The goal is to minimize disruptions in the children’s lives and provide them with a sense of stability.

How Does Nesting Work?

The specifics of a nesting arrangement can vary depending on the parents’ preferences and the needs of the children. Typically, parents establish a detailed schedule outlining when each parent will be in the family home. During their time away from the family home, the non-residential parent may stay in a separate residence, such as an apartment or with relatives. It’s important to note that nesting is often a temporary arrangement until a more permanent custody arrangement is reached.

Benefits of Nesting

  1. Stability for Children: Nesting allows children to remain in their familiar home, attend the same school, and maintain their routines, minimizing the emotional upheaval often associated with divorce such as dividing their own personal possessions.
  2. Effective Co-Parenting: Nesting encourages parents to work together and communicate effectively since they share the same living space. This can lead to better cooperation and co-parenting outcomes.
  3. Smooth Transition: For some families, nesting can serve as a transitional arrangement, giving parents and children time to adjust to the new circumstances before settling on a permanent custody arrangement.

Considerations in Maryland

While nesting can offer several benefits, it’s essential to consider its practicality and suitability for your family’s unique situation. Here are some factors to think about:

  1. Legal Agreements: It’s crucial to formalize the nesting arrangement through a legal agreement, even if it’s intended to be temporary. A family law attorney can help draft an agreement that outlines responsibilities, schedules, and financial contributions.
  2. Costs: Maintaining two separate residences can be financially challenging. Discuss how you and your co-parent will share these expenses and ensure that it’s sustainable for both parties.
  3. Long-Term Viability: Nesting is unlikely to be a long-term solution. So, it’s essential to consider when and how you will transition to a more traditional custody arrangement as the children grow older.
  4. Child’s Well-Being: The best interests of your children should remain the priority in a nesting arrangement. If nesting becomes stressful or detrimental to their well-being, it may be necessary to reconsider the arrangement.


Nesting in Maryland family law is a unique approach that prioritizes the well-being and stability of children during the challenging times of divorce or separation. While it offers several benefits, it’s crucial for parents to carefully consider their specific circumstances and understand the potential pitfalls of nesting. Consulting with an experienced family law attorney is critical when considering a nesting arrangement that can achieve your goal of creating a supportive and nurturing environment for children as they navigate the complexities of their parents’ separation.

About The Author

Christopher Castellano

“One of the most important roles I serve is as my client’s risk manager. This means identifying the risks inherent in their cases and determining how best to mitigate those risks, while being realistic about potential outcomes.”

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