If you share children with your spouse, Oregon law will likely allow you to retain custody or visitation rights after a divorce. Your former spouse will also likely retain custody or visitation rights to your children, which means that you must work together to find a solution that is best for the kids. Bird nesting is a relatively new concept that allows your child to remain in the same home after your marriage comes to an end.
An overview of bird nesting
Traditionally, a child of divorced parents will split time between each parent’s home. With bird nesting, the parents will split time between the family home and an outside residence. Meanwhile, the child will remain at home, which can help to minimize the trauma that a divorce might cause. By staying at home, a child is allowed to remain in the same school district and close to friends, teachers and other important people.
When bird nesting is appropriate
Bird nesting may be ideal if you need time to prepare your house for sale or if your child is going to be graduating in the next year or so. It may also be ideal if you don’t want to move your child too far away from a doctor, extended family members or a sports or educational program.
Other options to consider
If bird nesting isn’t appropriate in your situation, you may want to consider asking for sole custody and ownership of the family home. Alternatively, you can try to buy a home in the same neighborhood or consider other options that will allow your child to stay as close to home as possible after a divorce.
In a divorce settlement, you may be entitled to sole or shared custody of your children assuming that it is in their best interest. You may also receive ownership of a family home or other resources that you might need to raise your kids. Finally, you may be entitled to half of other marital assets regardless of your parental status after your marriage comes to an end.