The Nesting Arrangement: Kristin & Jay’s Temporary Custody Plan
If you keep up with celebrity news outlets, it’s almost impossible to have missed the stories about the latest celebrity split between reality TV star, Kristin Cavallari and retired NFL player, Jay Cutler. A little over one week ago the couple issued a joint press release announcing that they were filing for divorce, which would, of course, remain loving. According to reports, Kristin and Jay were amicably working through their divorce settlement and had already come to an agreement for shared custody of the children, in which the kids would spend 50% of their time with each parent.
Only days later, however, another article was released asserting that there was trouble in divorce paradise. Shocker! It was reported that Jay’s initial court filings claimed that he was the primary caretaker of the children, thereby alluding to a request for primary custody. In response, Kristin then allegedly filed her own papers claiming that Jay had behaved inappropriately during the marriage, in what seemed like an effort to build her own case for primary custody. It seemed as though the parties were headed toward tumultuous litigation.
Luckily, it seems that Kristin and Jay thought better of going contested and decided to get their “amicable” divorce back on track. Only days after the initial reports, Kristin and Jay came to a temporary agreement regarding the children. Allegedly, the parties agreed to something called a nesting arrangement, which is growing in popularity through New York Courts, and apparently elsewhere.
So, what exactly is a nesting arrangement? Plain and simply, it means that the children remain in the marital residence, while the parties alternate caring for the children in the home and residing elsewhere. Oftentimes, the parties will alternate living in and out of the home on a week-to-week basis or a 2-2-5 schedule (two days to parent one, two days to parent two, five days to parent one, and so on). For those with the financial means, they may secure secondary housing. In other circumstances, the parties may temporarily stay with family members or friends. A nesting arrangement is not meant to be a permanent solution, but rather an interim schedule while the parties work toward a final settlement.
To some, it may sound like a crazy plan. The ones who pay the bills are displaced, while the children keep the house as their own? However, in the court’s eyes it is the parties who have decided to split and therefore it should not become the burden of the children while the parties figure out a permanent arrangement. In the interim, the courts want to cause as little disruption to the children’s lives as possible, who are already going through an extremely trying time. The best interest of children comes before just about everything else, including inconveniences to the parties.
But, if the parties are working out the details on their own, then why are we concerned about the court’s perspective? Because it guides the parties’ out-of-court negotiations. Oftentimes, attorneys negotiate based on the likely outcome of a dispute if brought before a judge, in order to reach an agreement. It’s likely that after discussing the details with their respective attorneys, Kristin and Jay were advised that they could choose to spend the time and money to litigate the issue of custody, but they would probably end up with a shared custody arrangement. Rather than engaging attorneys for the children, a litany of bad press and significant energy on fighting the expected outcome, they chose to put their children first.
While it may be easier for two rich celebrities to reach a nesting agreement than your average litigant, it is possible for all parties to the children’s interests above all else. In doing so, you will find resolution sooner than handing your power over to a stranger in a black robe to make these decisions on your behalf.