Children First Family Law - Transforming how families navigate the challenging landscape of divorce.

Children First Family Law
  • 3.7 (10)
  • Society & Culture
  • Updated Weekly

Welcome to *Children First Family Law*, a podcast dedicated to transforming the way families navigate the challenging landscape of divorce. In an industry too often focused on litigation, financial battles, and a war-like approach, we advocate for a radical shift in priorities—putting the well-being of children at the forefront. Join us as we explore how to handle divorce in a way that protects children from the collateral damage of parental conflict and legal battles. We offer resources, insights, and expert advice to help parents understand how to manage divorce without destroying their children’s future. By highlighting the flaws in the current system and providing a roadmap for a more compassionate approach, we aim to become thought leaders in this space, calling for change within the professional landscape of family law. We’ll discuss crucial topics like collaborative and amicable divorce, parental alienation, and navigating the complexities of domestic violence and child abuse within the legal system. Through candid conversations and expert guidance, *Children First Family Law* equips families to emerge from the brokenness of divorce with their children’s well-being intact—just like a beautiful stained glass window crafted from shattered pieces. If you’re asking yourself, ”How can I ensure my children aren’t destroyed by my divorce?” or ”Why does my lawyer always push for litigation?” this podcast is for you. Tune in, and let us guide you toward a healthier, more hopeful future for your family.

  1. 087: What Every Divorcing Parent Needs to Know About Toxic Stress and Children with Mindy Mitnick, Recipient of AFCC's 2026 Distinguished Service Award

    4h ago

    087: What Every Divorcing Parent Needs to Know About Toxic Stress and Children with Mindy Mitnick, Recipient of AFCC's 2026 Distinguished Service Award

    What if the way adults handle conflict during divorce could actually reshape a child’s developing brain? In this conversation, we talk with renowned psychologist and AFCC Distinguished Service Award recipient, Mindy Mitnick, about what toxic stress really is — and why every divorcing parent needs to understand it. Drawing on nearly five decades working with family courts, parenting time and decision making disputes, high-conflict separations, and complex parent–child dynamics, Mindy explains the crucial differences between positive, negative, acute, chronic, and toxic stress. She breaks down how ongoing conflict, fear, and instability can interfere with the development of the prefrontal cortex, the part of the brain responsible for impulse control, judgment, and problem-solving. Krista and Mindy also look closely at everyday moments that quietly shape a child’s inner world: how (and whether) parents talk to kids about divorce, what happens when one parent is subtly undermined, and how children end up emotionally caring for a distressed parent. Most importantly, listeners learn valuable ways to buffer children from harm. By the end, we understand not only what toxic stress does to children, but also how intentional choices by adults can protect kids’ emotional and neurological health, even in very hard seasons of family restructuring. In this episode, you will hear: The difference between positive, negative, acute, chronic, and toxic stress in children How toxic stress can affect a child’s brain development and long-term behavior Why “we never fight” divorces can still be deeply confusing and painful for kids Practical ways parents and professionals can build resilience around children How to talk about the other parent without causing hidden harm Resources from this Episode 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.

    1 hr
  2. 086: What to Look for in Therapeutic Resources for Your Children with Psychologist Dr. Kathleen McNamara

    Jun 8

    086: What to Look for in Therapeutic Resources for Your Children with Psychologist Dr. Kathleen McNamara

    Join us for an insightful discussion with Dr. Kathleen McNamara, a seasoned psychologist with nearly 40 years of experience, as she shares her expertise at the intersection of family law and psychology. In this episode of Children First Family Law, we delve into the intricacies of child-parent relationships, emphasizing the need to separate relationship issues from parenting logistics. Dr. McNamara's extensive career, spanning academia, clinical practice, and policy-making, enriches our exploration of child-centered strategies that place children's needs at the forefront in legal contexts. We examine the impact of recent legislative changes and the complexities surrounding terms like alienation and gaslighting. Dr. McNamara advocates for moving beyond labels to focus on specific behaviors and their effects on family dynamics. The episode also highlights Kayden's Law and the evolving role of best-interests attorneys – called Child Legal Representatives in Colorado – discussing the balance between safeguarding children and honoring parental rights. Throughout the conversation, we address the challenges of high-conflict divorces, stressing the importance of a stable parenting schedule and the guidance of experienced therapists. By encouraging communication, conflict resolution, and emotional resilience, we aim to assist families in transitioning from disputes to effective co-parenting. Our discussion, filled with expert advice and personal experiences, aims to inspire listeners to adopt child-focused approaches in the complex realm of family law. In this episode, you will hear: Exploring the intersection of family law and psychology with Dr. Kathleen McNamara Child-centered strategies and their importance in family dynamics The impact of recent legislative changes, such as Kayden's Law, on family law Challenges and strategies for managing high-conflict divorces and parenting schedules The role of language and behavior-focused approaches in understanding family dynamics The importance of emotional resilience, communication, and conflict resolution in co-parenting Insights into child advocacy, family rights, and the evolving role of best-interests attorneys – called child legal representatives in Colorado Resources from this Episode Dr. Kathleen McNamara’s website: kathleenmcnamaraphd.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.

    54 min
  3. 085: Colorado Child Relocation Laws: How Moving Affects Custody and Parental Rights

    Jun 1

    085: 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.  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.

    36 min
  4. 084: Two Decisions That Will Define Your Divorce – with Family Law Icon Forrest “Woody” Mosten

    May 25

    084: Two Decisions That Will Define Your Divorce – with Family Law Icon Forrest “Woody” Mosten

    Most divorcing parents assume their only options are to fight it out in court or somehow manage a settlement on the courthouse steps. What if the entire premise is wrong? In this episode of the Children First Family Law™ Podcast, Krista Nash sits down with Forrest "Woody" Mosten, a California-based family law attorney, mediator, and author of Family Lawyer as Peacemaker, who hasn't set foot in a courtroom in over 30 years and has built a thriving practice doing exactly that. Forrest brings decades of hard-won experience working exclusively in mediation and cooperative law, including serving as counsel in the largest collaborative divorce case in history. He shares why litigation tends to extend emotional recovery, how early resolution protects both children and family finances, and what parents should actually look for when choosing a lawyer. Families navigating divorce deserve to know that the war metaphor is optional. In this episode, you will hear: Why litigation extends the time it takes families to recover their psychological and emotional baseline after divorce The real cost of adversarial divorce, including how two competing expert witnesses can cost four to five times more than one neutral How Forrest "Woody" Mosten built a court-free practice that outearned his litigation years and why the financial case for peacemaking is strong What the Roy Disney collaborative divorce revealed about protecting children's wellbeing even in high-asset, high-complexity cases The difference between early and late resolution strategies, and why most traditional family lawyers default to the wrong one Practical steps for families entering divorce, including how to find peacemaker attorneys and why bringing in a neutral mediator from the start changes outcomes Why the lawyer the other party chooses shapes everything, and how to respond when the opposing side lawyers up aggressively Resources from this Episode https://mostenmediationtraining.com/forrest-woody-mosten/ https://www.amazon.com/s?k=family+lawyer+as+peacemaker&crid=30L9A8CG4DIPX&sprefix=family+lawyer+as+peacemake%2Caps%2C233&ref=nb_sb_noss https://www.amazon.com/Collaborative-Divorce-Handbook-Helping-Families/dp/0470395192/ref=sr_1_3?crid=12RB7BN9AS2XG&dib=eyJ2IjoiMSJ9.pouW277LrhaFj9dO7I1voFK_Mg6rnLeWPZUZVVKSdXAC9HGmaCK6Iv5PJ-9SMWwxopCfLyjoN2bRm24zRW4BHSNex0_yvuK4UO378zkOCNv8ns-AOb73nX0vcxzpFlE38XHtDa5eIUJPrv289yrvYmEW1eJECrd06RGlmLFFRRE.leikNCc6i4rlChlQiQsh6W1ZRxEzZzgm2rWd5DRdQDo&dib_tag=se&keywords=forrest+mosten&qid=1777610223&sprefix=forrest+mosten%2Caps%2C219&sr=8-3 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.

    45 min
  5. 083: Trust, But Verify: How Soberlink Is Changing Sobriety Monitoring in Family Law, with Soberlink’s Mike Fonseca

    May 18

    083: Trust, But Verify: How Soberlink Is Changing Sobriety Monitoring in Family Law, with Soberlink’s Mike Fonseca

    Alcohol use in custody cases rarely announces itself. In this episode of the Children First Family Law™ Podcast, Krista Nash sits down with Mike Fonesca, national sales manager at Soberlink, to talk about one of the most practical and reliable tools available to family courts today: real-time alcohol monitoring. Mike breaks down how Soberlink works, why testing frequency matters more than most parents and attorneys realize, and how the device's facial recognition and tamper-detection technology make it far harder to game than cheaper alternatives. He also covers pricing, the financial assistance program, and how authenticated records hold up in court. The real thread running through this conversation is trust. Used correctly, real-time monitoring gives families a credible path forward, one built on documented accountability rather than accusation. In this episode, you will hear: How Soberlink works, from the breath device and facial recognition to real-time compliance reports Why testing frequency matters and what "two tests a day" fails to prove in a custody case The three risk categories courts use to determine monitoring requirements How tamper-detection technology exposes falsified breath samples and identity fraud The difference between Soberlink's FDA-cleared device and cheaper consumer-grade alternatives Pricing, rental options, and the financial assistance program for qualifying families Why real-time monitoring builds trust between co-parents rather than simply catching violations Resources from this Episode https://www.soberlink.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.

    1h 7m
  6. 082: AI in Divorce: What to Trust, What to Question, and What Could Hurt Your Kids–with Jamie Pima

    May 11

    082: AI in Divorce: What to Trust, What to Question, and What Could Hurt Your Kids–with Jamie Pima

    Artificial intelligence is showing up in divorce cases at every stage, and most parents have no idea how to use it well or where it can quietly steer them wrong. In this episode, Krista Nash sits down with Jamie Pima, a former Morgan Stanley and Fidelity executive turned certified divorce financial analyst and founder of SecureSplit, who brings a rare combination of high-level financial expertise and firsthand experience with a difficult personal divorce. Jamie breaks down exactly how AI can serve as a research tool and co-pilot through the financial complexities of divorce, and where it becomes a liability. He and Krista also get into how parents can use AI to draft better co-parenting communications and build more thoughtful parenting plans. The tools exist. This episode is about learning to use them wisely. In this episode, you will hear: How AI is already reshaping divorce, from financial analysis to parenting plan drafts Why prompt quality determines whether AI helps or misleads, and how to write better ones The real risks of AI hallucinations in legal and financial contexts How parents can use AI to soften co-parenting communications before sending them What certified divorce financial analysts do that attorneys and AI cannot SecureSplit, a new platform built to give both professionals and consumers better financial tools for divorce How protecting children from conflict starts with the financial decisions parents make early Resources from this Episode www.childrenfirstfamilylaw.com https://allegiantds.com/team/jamie-lima/ https://securesplit.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.

    51 min
  7. 081: The Most Stressful Part of Divorce for Kids (That No One Talks About) with Dr. Michael Saini

    May 4

    081: The Most Stressful Part of Divorce for Kids (That No One Talks About) with Dr. Michael Saini

    For most divorcing parents, the handoff between homes is treated as a scheduling detail. Dr. Michael Saini, professor at the University of Toronto and one of the leading researchers in high-conflict family dynamics, has spent years studying what actually happens to children during those moments, and the findings are hard to ignore. Krista Nash welcomes Dr. Saini back to the Children First Family Law Podcast for a conversation about his latest research, which examined 20 years of court cases to understand how judges, attorneys, and families are handling what he calls "changeovers," and where they're falling short. Dr. Saini's research reveals that for many children, the transition between homes ranks among the most stressful parts of the entire separation experience, yet courts rarely address it in any meaningful detail. This episode offers a clear-eyed look at what children actually need before, during, and after each changeover, and why it deserves far more attention than it gets. In this episode, you will hear: Why the moment children move between homes is often the most stressful part of the divorce experience What 20 years of court cases reveal about how rarely judges address changeover planning in any meaningful detail The hidden emotional labor children carry before, during, and after every transition between homes How camera surveillance and litigation-driven behavior at exchanges affects children's long-term sense of safety and trust What children actually need in the 30 minutes before a changeover and the adjustment period after arriving at the next home Why school exchanges, police stations, and McDonald's parking lots fall short as default changeover locations How children's voices are largely left out of changeover planning, and what changes when they're finally asked   Resources from this Episode 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.

    1h 8m
  8. 080: Creating a Child-Centered Parenting Plan: How to Build Predictability, Peace, and Emotional Safety After Divorce

    Apr 27

    080: Creating a Child-Centered Parenting Plan: How to Build Predictability, Peace, and Emotional Safety After Divorce

    In this solo episode of the Children First Family Law® podcast, Krista explores one of the most essential tools for helping children thrive after separation or divorce—a thoughtful, child-centered parenting plan. Drawing from years of experience as a family law attorney, mediator, and parenting coordinator, Krista explains how clarity, predictability, and flexibility can create emotional safety for children during family transitions. She breaks down how to design developmentally appropriate parenting schedules from infancy through adolescence and explains why focusing on stability rather than strict equality best supports a child’s well-being. Krista also covers shared decision-making, communication strategies, managing holidays and vacations, handling new relationships, and addressing common pitfalls like technology use and “right of first refusal” clauses. Throughout the episode, she emphasizes that clarity is love, predictability is safety, and structure is one of the greatest gifts parents can give their children. Krista closes the episode by previewing her upcoming 16-week Co-Parent Coaching Program, designed to help parents create peaceful, structured, and emotionally healthy co-parenting lives. This October episode is a roadmap for parents seeking to build a stable and cooperative foundation for their children, even amid the challenges of family restructuring. In this episode, you will hear: The core philosophy behind a peaceful, child-centered parenting plan How to structure parenting schedules for different age groups Ways to handle decision-making responsibilities without conflict Communication strategies that foster cooperation and reduce tension How to address holidays, vacations, and new relationships thoughtfully The importance of predictability, emotional safety, and flexibility Resources from this Episode 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.

    1h 4m
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Welcome to *Children First Family Law*, a podcast dedicated to transforming the way families navigate the challenging landscape of divorce. In an industry too often focused on litigation, financial battles, and a war-like approach, we advocate for a radical shift in priorities—putting the well-being of children at the forefront. Join us as we explore how to handle divorce in a way that protects children from the collateral damage of parental conflict and legal battles. We offer resources, insights, and expert advice to help parents understand how to manage divorce without destroying their children’s future. By highlighting the flaws in the current system and providing a roadmap for a more compassionate approach, we aim to become thought leaders in this space, calling for change within the professional landscape of family law. We’ll discuss crucial topics like collaborative and amicable divorce, parental alienation, and navigating the complexities of domestic violence and child abuse within the legal system. Through candid conversations and expert guidance, *Children First Family Law* equips families to emerge from the brokenness of divorce with their children’s well-being intact—just like a beautiful stained glass window crafted from shattered pieces. If you’re asking yourself, ”How can I ensure my children aren’t destroyed by my divorce?” or ”Why does my lawyer always push for litigation?” this podcast is for you. Tune in, and let us guide you toward a healthier, more hopeful future for your family.

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