In today’s episode of Children First Family Law, Krista explores one of the most high-conflict areas in Colorado family law: relocation after divorce or custody orders. When one parent wants to relocate, whether within or outside the state, courts must decide what serves the child’s best interest, not the parent’s.

Krista walks through how Colorado handles relocation under C.R.S. §14-10-129, explains the difference between a parent's right to move and the right to move with a child, and addresses a common fear: Is it kidnapping to move without permission? She illustrates these issues with real-world case studies, one in which a parent left without notice, and another in which a parent followed every step legally.

This solo episode covers the legal process, emotional impact, court standards, and how to keep children at the center of difficult relocation decisions. It’s a must-listen for any parent facing—or fearing—a move.

In this episode, you will hear:

• Relocation means any move that significantly disrupts an existing parenting plan, not just moves across state lines
• Parents retain the right to relocate, but not the automatic right to move a child with them
• Colorado requires written notice, a proposed new parenting plan, and court approval under C.R.S. §14-10-129
• Unauthorized relocation can result in contempt charges or emergency return orders, even without criminal charges
• Courts assess each relocation under the best interests of the child per C.R.S. §14-10-124
• Long-distance parenting creates added costs and challenges—judges often assign travel costs to the relocating parent under C.R.S. §14-10-115(11)
• Emotional losses for children include missing friends, schools, and a parent’s daily presence
• Real case examples show why courts value transparency, cooperation, and early communication
• Key case law includes Spahmer v. Gullette, Ciesluk v. Ciesluk, In re Marriage of Martin, and DeZalia v. DeZalia

Resources from this Episode

Relocation statute: C.R.S. 14-10-129: codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-129

Best interests of the child: C.R.S. 14-10-124: codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-124

Payment issues: C.R.S. 14-10-115(11), scroll way down to find (11): codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-115

Key Colorado caselaw around relocation:

In re Marriage of Ciesluk: law.justia.com/cases/colorado/supreme-court/2005/04sc555-0.html

Spahmer v. Gullette: law.justia.com/cases/colorado/supreme-court/2005/03sc751-0.html

In re Marriage of Martin: callidusai.com/wp/ai/cases/2639358/in-re-the-marriage-of-martin

In re Marriage of DeZalia: callidusai.com/wp/ai/cases/2638291/marriage-of-dezalia-v-dezalia

www.childrenfirstfamilylaw.com

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation.

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Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

In today’s episode of the Children First Family Law podcast, Krista is joined by Dr. Susan Fletcher, a licensed psychologist in both Texas and Colorado, known for her deep experience with court-involved families and child-focused evaluations. Together, they explore what children truly experience during and after a divorce and how parents and professionals can better support their transition to life in two homes.

Dr. Fletcher explains how children internalize language like “custody” and “visitation” and offers practical suggestions for reframing these terms in ways that support emotional resilience. She stresses the importance of maintaining consistency, recognizing a child's individual vulnerabilities, and reframing transitions as opportunities rather than losses. The conversation covers early intervention, therapist involvement, and the crucial role of in-home observations for professionals working with families post-divorce.

This episode also addresses why mental health providers may resist testifying in court, how board complaints create fear, and what professionals can do to better navigate the intersection of clinical care and legal involvement. Dr. Fletcher shares real-world experiences from both therapy and evaluations, bringing clarity to a complex and emotionally charged aspect of family law.

In this episode, you will hear:

• Children often absorb adult terminology like “custody” and “visitation” in ways that affect their sense of identity
• Simple language changes and reframes can support emotional safety during transitions
• Some kids adapt easily to two homes, while others need more structured emotional support
• In-home observations provide professionals with a clearer context for how children experience post-divorce life
• Fear of licensing complaints can prevent therapists from staying involved in court cases, even when their voices matter
• Parents can remain emotionally available without overwhelming their children
• Creating a strong support system helps families and professionals navigate ongoing changes
• Shifting focus from fear-based reactions to hopeful engagement promotes healthier outcomes

Resources from this Episode

www.fletcherphd.com

www.childrenfirstfamilylaw.com

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation.

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.