24CA1576
Colo. Ct. App.Jul 17, 2025Background
- In a post-decree dissolution of marriage, Stephanie Elizabeth Rensch (mother) and Gabriel Thomas Rensch (father) disputed child custody and relocation after concerns of domestic violence and erratic behavior by father.
- In 2022, a juvenile court found father committed domestic violence, resisted treatment, and endangered the children's safety, awarding mother primary parental responsibilities (APR order).
- Father had restricted, mostly virtual, supervised parenting time due to incidents of unauthorized removal of children and law enforcement involvement.
- Father sought full custody, while mother requested to relocate to New York with the children, citing better stability and opportunities.
- After considering evidence and a hearing, the district court allowed mother's relocation, denied father full custody, and further restricted father’s parenting time pending therapy and evaluation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relocation of Children | Father: Relocation not in kids' interests; findings unsupported. | Mother: Best interests served by relocation; children live with her. | Relocation granted; court found best interests met. |
| Restriction of Father's Parenting Time | Father: Restrictions unjustified, alleges court erred in fact/law. | Mother: Necessary for children’s safety; father unfit until treatment. | Restrictions affirmed; court found endangerment. |
| Burden of Proof and Evaluation of Evidence | Father: Burden unfairly shifted, evidence evaluated unequally. | Mother: Each side shares burden under law; prior juvenile findings binding. | Burden properly allocated; no procedural error. |
| Combined Hearing & Use of Prior Findings | Father: Combined hearing delayed resolution, improper reliance on past findings. | Mother: Judicial economy, prior findings valid/final. | Combined hearing and reliance on findings proper. |
Key Cases Cited
- In re Marriage of Ciesluk, 113 P.3d 135 (Colo. 2005) (sets standards for relocation and burden of proof in parental responsibility cases)
- In re Marriage of Collins, 2023 COA 116M (Colo. App. 2023) (appellate review standard for trial court’s discretion in parenting matters)
- In re Marriage of Thorburn, 2022 COA 80 (Colo. App. 2022) (deference to trial court’s credibility determinations and factual findings)
- In re Marriage of Parr, 240 P.3d 509 (Colo. App. 2010) (standard for restricting parenting time due to endangerment)
- In re Marriage of Newell, 192 P.3d 529 (Colo. App. 2008) (appellate deference to trial court’s endangerment findings)