Understanding the Role of Child and Family Investigators Play in Colorado Court Decisions
When parents separate, decisions about how they will share parenting time and handle decision-making responsibilities must be made.
When the parents can’t agree on these terms, the judge may order a child and family investigator (CFI) to assess the situation and make recommendations to the Court.. These recommendations carry significant weight with the judge, so it’s essential to understand how these investigations are conducted and what you can do to protect your parental rights.
What Is a Child and Family Investigator?
A Child and Family Investigator (CFI) is an independent and impartial evaluator appointed by the court to determine the best interests of the children. This person is assigned when there is a disagreement over custody or parenting time or when one parent has concerns about the children’s safety while in the other parent’s care.
Child and Family Investigators are supposed to conduct evaluations and make recommendations based on what they believe is in the best interests of the children, with the highest focus on the child’s safety and well-being. They may also make recommendations about the parents’ ability to co-parent effectively or foster a healthy relationship between their child and the other parent. Child and Family Investigators do not make any determinations surrounding financial matters, such as child support or spousal support.
What Training Is Required for Child and Family Investigators?
Child and Family Investigators must understand their role’s legal and ethical standards. They must complete a mandatory 40-hour training program that is held in person over the course of one week. Before even submitting an affidavit to be a CFI, the professional must have completed at least 30 hours of training—20 hours of which must include child abuse and domestic violence—in the last five years. Additional training is required at each renewal, which happens every five years.
Sometimes, a parental responsibility evaluator (PRE) will be appointed instead of a CFI. PREs have more training and may be used in cases where additional testing or evaluations need to be done. To become a parental responsibility evaluator, someone must already be a licensed mental health professional. This means that they must have some kind of training or experience in areas including:
- The connection between domestic violence and child abuse
- The effects of experiencing or witnessing domestic violence
- How divorce and remarriage affect the children, parents, and family dynamic
- Child development
- Child and adult psychology
- Parental responsibility evaluators also have a background in clinical assessment techniques.
What Is Involved in an Evaluation?
Before they can provide recommendations to the court, Child and Family Investigators must meet with parents, the children, and any outside parties that they believe can provide relevant information to the case, such as teachers. They may also be able to get access to your children’s medical records, including records and notes from a counselor or other mental health professional.
For the parent meeting, the Child and Family Investigator is likely to ask you questions about your relationship and interactions with the children and your relationship with their other parent. They may also come to your house to conduct a home visit or observe you interacting with your children. If you have concerns about the evaluation process, a family law attorney can provide more information and guidance on handling these interviews.
Does the Judge Automatically Enact the Child and Family Investigator’s Recommendations?
While the court heavily considers the Child and Family Investigator’s recommendations, only the judge can enter orders if you aren’t able to agree upon what is in the best interests of your children. The judge can put the CFI’s recommendations into the court order, modify them, or set them aside entirely. In general, judges tend to go with what the CFI recommends unless there is clear evidence not to. For example, if the judge disagrees with the recommendations or feels they violate one party’s rights, they may decide not to follow them.
What If I Disagree With the Results of the Evaluation?
Because Child and Family Investigators are generally involved in situations where there is already conflict between the parents, one party will almost always disagree with the evaluator’s recommendations.
If you want to try to convince the judge not to enact the CFI’s recommendations in the court order, you will need to provide substantial evidence that the recommendation is not in the best interests of the children. It’s not enough to dislike the recommendation or believe that the CFI wasn’t fair in their evaluation.
This is when it’s beneficial to be working with an experienced family law attorney. They can help you understand why the CFI made their recommendation, whether you have grounds to contest it, and the best methods for doing so.
Can a Court Order Be Modified?
Family situations often change as the years go by, and it’s common for what worked regarding custody or parenting time at one time to no longer serve the best interests of the children as they grow up. You can petition the courts for a modification of the custody order or parenting schedule. If the other parent contests this modification, the judge will likely appoint another CFI to re-evaluate the situation and make new recommendations.
If your case has already been assigned to a child and family investigator or you’re worried that it may be, contact the legal team at Divorce in Colorado to learn what you can do to protect your parental rights and relationship with your children. Call our office at 720-722-0776 to schedule a complimentary consultation.
