Ciesluk v. Ciesluk
Colorado Supreme Court
113 P.3d 135 (2005)
Mrs. Ciesluk (plaintiff), primary custodian of her five-year-old son Connor, lost her Colorado job and was offered a comparable position with the same company in Arizona, where several of her relatives lived; she moved to relocate with Connor, but Mr. Ciesluk (defendant), who had secondary custody, opposed the move. A court-appointed advocate recommended against relocation based on the impact to Connor's relationship with his father, and the trial court, after reviewing only some of the statutory relocation factors, denied the mother's motion; she appealed.
Whether a court may deny a primary custodian's relocation request by presuming the child is better off remaining close to both parents, rather than weighing only the specific factors the legislature designated for relocation cases.