How is custody of Children decided if parents are moving to different states?

Answer 1

If they are equally moving out of state, all the same factors as any custody case would apply, though perhaps with the addition of evidence on the intended new location and its benefits to the child.

This would also apply if only one parent was moving, with the remaining parent can make the argument that any change would not benefit the friendships the child had developed.

The child should express the opinion that they want Bird Nest Custody so that neither parent can move.

It's a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.

The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.

The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time. The separate residence could be a rented room, stay with friends or relatives, or the parents could share the cost of renting a two bedroom apart, with each having a secured room.

At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.

Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.