If divorcing in a chaotic wild west style is on one end of the spectrum and divorcing like you’re having a congenial kumbaya and séance is on the other end of the spectrum, “Nesting” is the kumbaya séance. 

Nesting is a custody arrangement in which each parent is in the marital residence with the children, exclusive of the other parent, during his or her designated parenting time. 

During your parenting time, you’re with the children in the marital residence and the other parent goes to another residence – typically a “crash pad” apartment – close to the marital residence that both parents share in alternating fashion during their “off parenting” time. You then go to that other shared apartment when your ex comes back to the marital residence during his or her designated parenting time. 

By alternating which parent is in the marital residence, the children stay put in the marital residence “nest” they are accustomed to rather than going back and forth between both parent’s homes. 

While many nesting situations are 50/50 parenting time splits, it is fluid, and certainly not all are. Some have other parenting time splits, where one parent is clearly the primary “on parent.” 

Parents who choose nesting tend to be very concerned with the impact their separation will have on their children in what is typically demonstrated in self-sacrificial ways. It’s like they are trying to follow a code of rules towards executing as neat and seamless a separation and divorce as humanly possible, even if it will make them more uncomfortable. 

For example, the shared crash pad is typically a bare bones impersonal space where they are careful not to leave personal belongings that their ex could find, because while sharing it, they are divorcing for a reason after all, and want a semblance of privacy from their ex. Further, they are alternating to shield their children from having to do so, because moving physical spaces often is inherently an uprooted way of living. 

Nesting requires a high level of collaboration and cooperation between the parents. 

Litigating parties or parties whose only language and discourse is that of hostility are not candidates for a nesting arrangement. I have yet to have a case where one of my litigating clients was nesting. I would be curious if such a case exists and how it was pulled off.

Nesting is very attractive in the beginning to many couples who come to me for mediation and collaborative divorce before they have a firm footing and understanding of what their post-divorce family will look like. 

They want to nest as a transitional bridge for a one to two-year period to “safely” get the family to the other side – the post-divorce splintered family still trying to salvage whatever wholeness they can project to and for the kids.

It is often an idealistic aspiration. As the parties nest for several months and the separation terms come into clearer focus, the initial enthusiasm for nesting typically starts to fizzle, and most couples end up doing it for a shorter duration than they initially thought they would.

It is a testament that separation and divorce is a process and for those who have a good enough relationship with their ex to have the luxury to keep an open mind and try things, it can be a fluid process, where both parties mutually decide which avenues “fit” them individually and the kids, as they are going through it.

To learn more about nesting and whether it is the right decision for you, contact us at The Law & Mediation Offices of Cheryl Stein.

Cheryl Stein, Esq.
The Law and Mediation Offices of Cheryl Stein
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (646) 884-2324
E-mail: cheryl@cherylsteinesq.com

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People going through divorce may get reduced to their own worst, most childlike state. They may project a lot of what’s happening to them onto the children. They may use the children as tools, using the kids as an excuse to justify what they want. 

Here’s a case in point. A mother wanted primary custody of the children. The arrangement she was asking for would actually deprive the father of a lot of parenting time. She claimed he was “out to lunch” when watching the kids, like they could set the house on fire and he would still be sitting there buried in his work.

This mother could have chosen to serve the summons when the kids were not at home. She could have kept it private, but she didn’t think it through, so she served her husband with divorce papers at breakfast in front of their children.

Astonished and angry, he started to engage the children, saying, “Look, Mommy’s trying to make me a homeless bum and kick me out. Who would you want to live with?” It became a round table breakfast discussion. These kids should never have been in that position! 

The wife had been considering divorce for at least a year. The husband didn’t want a divorce. He got served totally out of left field and was in a state of shock. It got quite intense and he became a little bit physically violent — when he had never been before. 

Later the wife kept using the incident as an example, “Isn’t he inappropriate that he was engaging the children and got violently angry?” She had completely lost sight of her own behavior, forgotten that she caused the entire horrible situation with her ill-considered timing. 

People in crisis forget and engage with their children as if they’re adults. They’re so wrapped up in their pain they can’t see that they are acting in immature and inappropriate ways.  

In another case, the husband was doing drugs, getting violent, drinking, coming home and, leaving again. The wife was in a lot of pain but kept saying she wanted to stay because of their child. In truth, she was just afraid. It would certainly be better for the child not to have such a volatile home life. The mother was projecting her emotions onto her child because she felt no sense of control in her life. Children are adaptable; the real issue was her feeling needlessly guilty about saying, “I don’t want this for myself.” 

Another danger is that sometimes when a person loses intimacy with their spouse, they may lean too heavily on their children for emotional support. They may start sleeping in the same bed as their child to avoid feeling alone. They may vent to their children because they don’t want to tell other people about the breakup. It starts to become not what a child and parent relationship should be. 

When a parent is trying to use the child to alleviate all of their feelings of emptiness and loneliness at the end of a marriage, it forces a child into a very difficult predicament. They will be profoundly confused, grow up too fast, or both. 

How Can These Destructive Behaviors Be Corrected? 

First, I have to make my clients see how they are behaving. I stop them in their tracks, while they’re telling me the story, to help the client be self-reflective and perceive their own behavior in order to modify it. 

My clients are flawed just as much as their spouses are flawed. I help them detach from their own issues and concentrate on getting the children through the transition. It often helps to have a child in neutral therapy with their very own counselor who can actively help guide the parents about their behavior. 

When divorcing parents can’t work together for their benefit, children get lost in the shuffle. In these families, the parents really need ways of breaking impasses and processing toxic emotions so they and their children can heal and move forward.

Cheryl Stein, Esq.
The Law and Mediation Offices of Cheryl Stein
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (646) 884-2324
E-mail: cheryl@cherylsteinesq.com

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Generally, women are perceived as victims and sympathetic characters in divorce, both in the monetary and parenting realms.

People often ask me if I am a female-or male-oriented attorney and which sex I predominantly represent. I represent both equally, and each case is fact specific. At any given moment, I represent mirror image situations-for example, a female client who would like to impose that her ex keep to a very time specific visitation schedule, and a male client lamenting that his wife is overly rigid in demanding that his visitation must take place within very precise time frames.  

Arguably, men are often still considered second fiddle when it comes to parenting, even though there is a whole movement underway in the direction of 50/50 parenting, often titled “50/50 is the new default,” as in a 50/50 joint physical and residential custody arrangement.

When actions are commenced, typically it is the husband who moves out and the wife who remains in the marital residence with the children. Men often have a hard time with the idea of leaving the house and no longer sleeping under the same roof as their children every night. Something they took for granted is suddenly gone.  

There is still the general presumption that women are the natural caretakers. Men often have to fight hard to obtain a more liberal access schedule. They often verbalize finding it offensive that they suddenly have to “visit” with their children during prescribed hours. (Euphemisms have been contrived, such as “parenting time” and “access schedule,” but it doesn’t change the underlying concept.) The emotional trauma that many men experience when this happens is not spoken about. Men are expected to “man up” about things, while women are more touchy-feely, often attending support groups or leaning on their immediate social circle.  

In a more traditional situation, such as with a stay-at-home mom, or if the woman is a teacher, of course maintenance is going to be paid, of course the woman is going to be the primary caretaker. But when it’s the reverse and the man is the one that stays home caring for the children or is a teacher, there’s a presumption that something must be wrong with him. Why isn’t he in a more manly profession?  

When the woman is the higher income earner, the man often feels pressured to give up maintenance or to reduce the amount that he takes. It’s almost expected that the man should come up with faster ways to make money or simply not leech off his wife. In the reverse situation, the pressure would be less, because it’s expected that women leave the workforce when they have children to care for. This dynamic is often most evident in mediation when both parties are in the room together, openly expressing their viewpoints.

An additional noteworthy point is domestic violence and abuse towards men.

Domestic violence towards women is a well-known phenomenon, but we hear little about domestic violence towards men, and not because it isn’t pervasive. It is, in fact, quite commonplace, as many divorce attorneys can tell you.

I have seen situations where men, who are 6’2” and over 200 pounds, are the victims of physical and emotional abuse by their 5’4″ wives. These men may be in high-power positions, dominating during business meetings, but tell me they’re terrified to go home to their wives. This issue is not spoken about and very little sympathy goes towards men. They’re expected to suppress their feelings and don’t really have any forums to talk about or deal with it. A lot of these men feel they can’t reveal what’s going on in their lives because of their high-powered professional positions; for all intents and purposes, they have everything together.

It is not a pity party competition between the sexes-rather an observation. Many of my male clients have expressed that they wish there were more resources available to them, while they are going through separation and divorce, to help them through the process. I have a long list of support groups to dispense to my female clients and often think I need to get all my male clients together to create their own support group, because they are so hard to come by.   

Contact The Law & Mediation Offices of Cheryl Stein with any questions if you are preparing for or going through a separation or divorce.

Cheryl Stein, Esq.
The Law and Mediation Offices of Cheryl Stein
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (646) 884-2324
E-mail: cheryl@cherylsteinesq.com

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