040: Colorado Child Relocation Laws: How Moving Affects Custody and Parental Rights

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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