Relocation cases after divorce are some of the most emotionally complex and legally misunderstood areas in family law. In this episode of Children First Family Law, family law attorney Krista Nash explains what happens when one parent wants to move and how Colorado law approaches it.
What Counts as Relocation?
A relocation isn’t just a move across state lines. Under C.R.S. §14-10-129, any move that disrupts an established parenting plan, such as from Denver to Grand Junction, may count. The law requires the moving parent to give formal notice, propose a revised parenting plan, and often attend court if the other parent objects.
Is It Kidnapping?
If custody orders are in place and a parent leaves without permission, they may face civil contempt or emergency return orders—even if no criminal kidnapping charge is filed. Courts discourage “self-help” and expect parents to go through the proper legal process. Krista also explains how UCAPA and the UCCJEA allow judges to intervene if there’s a risk of unauthorized relocation.
What Judges Consider
Colorado judges weigh multiple factors before approving a relocation, including:
- The child’s emotional ties with each parent
- Educational and social opportunities in each location
- Family support
- Travel burden and cost
- The child’s wishes (if appropriate)
Krista walks through key cases like Ciesluk, Spahmer, and Martin, which illustrate how judges aim to protect a child’s connection with both parents, whether the move is allowed or not.
The Emotional Side of Moving
Krista also explains the emotional cost to children. A move might seem like a good opportunity for the relocating parent, but children may experience it as a loss. Long-distance parenting often works best when both parents remain actively involved and communication is strong.
Final Advice
If you’re planning a move, start early, propose a realistic parenting plan, and be transparent. If you’re the parent staying behind, focus your concerns on the child’s needs, not just your own frustration.
If you want to learn more about the Children First Family Law Podcast, check out www.childrenfirstfamilylaw.com/colorado-child-relocation-custody-parental-rights.