Parenting time is often the most hotly contested issue in a family law case. It is also one of the most difficult decisions for a judge to make. Fortunately, parties to a divorce have several options for professional evaluations.
Child & Family Investigator (CFI)
A CFI is a third party appointed by the court to conduct an investigation and make recommendations. A CFI can be an attorney, mental-health professional, or any person with appropriate training and qualifications. CFIs must complete a mandatory 40-hour training sponsored by the Colorado Judicial Branch before accepting appointments.
Reports from a CFI are intended to be brief, and focused on a single- or double-issue matter. Unfortunately, due to the expense of a Parental Responsibilities Evaluator, and because a CFI’s fees are capped at $2,750, they are frequently used in multiple-issue cases when resources are limited.
A CFI will complete an investigation, which generally includes interviewing both parents, watching both parents interact with the child(ren), and interviewing collateral witnesses (friends or family members who are familiar). Colorado law also requires the CFI to review and consider the “best interests of the child” factors. The CFI will compile all of this information into a report, and will make recommendations to the court about parenting time and/or decision-making.
Parental Responsibilities Evaluator (PRE)
Colorado law requires that a PRE be a mental-health professional or a county social services department. A PRE report is generally comprehensive, and much longer than a CFI report. As a result, a PRE is best suited for cases in which there are multiple allegations, or multiple factors that must be considered. A PRE can include psychological testing, so it is the better course if there are mental-health concerns for either parent or a child.
A PRE is authorized to consult with medical, mental health, educational, or other experts without the parents’ consent. With court approval, the PRE may also refer the child to a professional for a diagnosis.
Because a PRE’s report is much more in-depth than a CFI report, the cost can be as much as $10,000.
2023 Update:
In 2023, Colorado’s legislature added training requirements related to domestic violence for both CFIs and PREs. The training requirements, which went into effect January 1, 2024, require 10 hours of initial training on domestic violence, 10 hours of initial training on child abuse and child sexual abuse, and 15 hours of training every five years on domestic violence, child abuse, and child sexual abuse.
Do you need help deciding between a CFI and a PRE? Give Katelyn a call to discuss your options.
