What Is a Child and Family Investigator?

What is a Child and Family Investigator (CFI) and What Do They Do?

A Child and Family Investigator is a child custody expert, appointed pursuant to Colorado Revised Statutes 14-10-116.5. The general function of the child and family Investigator, commonly called “CFI” by child custody attorneys, courts, and in the family law community, is to investigate relevant issues tied into the best interests of children in a domestic relations case as relates to both parental responsibilities (major decision-making) and parenting time (visitation).

Who Selects the Child and Family Investigator?

A CFI can be appointed upon a motion filed by either party to a case involving the custody of children, or by the court based on its own perception of the issues and what may be needed to give the judge a clear picture regarding a family and the best interest of a child.

Going back several years, Denver area judges would routinely appoint CFI’s should either party request one. Today, having a CFI when parenting time or decision-making are at issue is not a given. Rather, courts want to see a specific reason, or reasons, as to why the CFI is needed.

Is a CFI Right for Your Case? Contact Us to Explore Your Options

When is a CFI Necessary?

Generally, reasons for having a CFI must be stated in the motion for appointment as more than just the parents disagreeing about parenting time. If there are issues of domestic violence, substance abuse, mental illness, child abuse, medical problems, complex educational needs, etc., a court will be more likely to appoint such an expert.

In cases of the plain dispute regarding visitation, or decision-making, your attorney will know how to word the request for the CFI such that the court is more apt to appoint one. Another major reason a CFI may be needed (and appointed) is to make sure that a child’s wishes and concerns related to parenting time are heard.

The statements of a child are normally “hearsay” and are not going to be heard by the judge unless presented through an expert such as a CFI.

Currently, most Judicial Districts maintain lists of the pool of potential CFI’s parties might choose from in that specific judicial district. Given the capping of fees that a CFI can now charge, to be discussed below, the general pool of CFI’s has become smaller and smaller, and is comprised of more attorneys than mental health professionals.

Costs of a CFI and Their Expertise

Pursuant to a recent Colorado Supreme Court Chief Judge’s Directive, the cost for a CFI is normally capped at $2750 for the aggregate of the work to be performed. Prior to a cap being imposed in 2011, the range of people serving as CFI’s varied, but included a significant number of mental health professionals, including psychologists with Ph.D.’s. Costs could range from a few hundred dollars to over $10,000.

Today, a majority of the CFI’s are attorneys, with specific training. Though the capping of costs is certainly advantageous in a financial sense, the investigations and reports to be done may not be as thorough, detailed, or extensive as they were in the past. This includes CFI’s not being able to conduct psychological testing, something they could formerly do. If your case contains significant issues requiring a more thorough analysis you may need to seek a Parental Responsibilities Evaluation pursuant to C.R.S. 14-10-127.

How a Child and Family Investigator Can Help Resolve a Custody Dispute – Example Case

Emily and John were in the middle of a contentious divorce in Colorado, with disagreements primarily revolving around parenting time and major decision-making for their 10-year-old daughter, Sophie. Emily alleged that John had a history of substance abuse, while John claimed Emily’s overly restrictive parenting style was emotionally affecting Sophie.

To resolve these disputes, the court appointed a Child and Family Investigator (CFI) to provide an impartial evaluation and recommendations.

Step 1: Investigation Process
The CFI conducted interviews with both parents, Sophie, and close family members. The investigator also visited each parent’s home to assess the living environments. Sophie expressed that she loved spending time with both parents but felt more secure with her mother due to her father’s past behavior.

Step 2: Document Review
The CFI reviewed medical records, school reports, and court documents, including police reports detailing John’s prior DUI incident from two years earlier.

Step 3: Recommendations
After completing the investigation, the CFI submitted a detailed report to the court. The report recommended that:

1. Emily should retain primary residential custody due to her stable environment.
2. John should have supervised parenting time until he successfully completed a substance abuse program.
3. Both parents should attend co-parenting counseling to improve communication and reduce conflict.

Outcome
The court largely followed the CFI’s recommendations, granting Emily primary custody while allowing John supervised visits. The structured plan helped provide Sophie with stability and allowed John an opportunity to work towards rebuilding trust.

Ensure Your Child Custody Case is in Good Hands – Contact Plog & Stein Today

Selecting the right child custody expert can make all the difference when it comes time to litigate, or settle, the child custody aspects of your case. Courts are generally going to be extremely likely to follow the recommendations of the CFI’s report, absent some sort of malfeasance.

Denver child custody attorneys know this, which oftentimes prompts settlement prior to trial. If you are facing a custody or visitation battle you should consult with your lawyer about the potential need for a CFI in your case.

* - required