When parents disagree about where the children will live and how decisions will be made, Colorado judges rarely decide on the parents' competing accounts alone. They appoint a neutral to investigate and report. Understanding who that neutral is, what he or she can do, and how the process works is essential to any contested parenting case.
The Child and Family Investigator
A CFI is appointed under C.R.S. § 14-10-116.5 to investigate and report on the issues the court specifies — typically parenting time, decision-making, or both. CFIs are frequently attorneys or mental health professionals who have met the training and certification requirements set by the Colorado judiciary. The investigation is focused and relatively brief: interviews with the parents and children, contact with collateral witnesses such as teachers and therapists, review of documents, and sometimes home visits. The CFI files a written report with recommendations, which the court considers but is not bound to follow.
CFI fees are capped by Chief Justice Directive, which keeps the process accessible, but the cap also limits the depth of the investigation.
The Parental Responsibilities Evaluator
A PRE, appointed under C.R.S. § 14-10-127, is a licensed mental health professional who conducts a substantially deeper evaluation, often including psychological testing of the parents, extended observation, and a comprehensive written report. There is no fee cap, and the cost is often many times that of a CFI. PREs are typically appointed when the issues are more serious — allegations of abuse, substance use, or mental health concerns — or when a prior CFI report has not resolved the dispute. A party dissatisfied with a PRE's evaluation may, with court permission, obtain a second evaluation.
Recent Reforms Changed the Rules
Colorado legislation enacted in 2023 tightened the requirements for CFIs and PREs substantially. Investigators and evaluators must now complete specific training on domestic violence, child abuse, and related trauma. The law also restricts courts from ordering treatments designed to repair a parent-child relationship when those treatments would cut off the child's contact with a parent the child is bonded to, and it directs courts to keep the child's safety at the center of the analysis. Any evaluation in a case involving allegations of abuse or coercive control now proceeds under these requirements, and counsel should ensure the appointed professional meets them.
Why the Report Becomes the Center of Gravity
Judges rely on these reports heavily. A CFI or PRE has spent hours with the family that the judge cannot spend, and a recommendation from a court-appointed neutral carries weight that a parent's testimony does not. In practice, the report often sets the framework for settlement, and the party who disagrees with it faces an uphill climb at hearing.
That reality makes preparation for the investigation the most important work in the case. It includes:
- Organizing documents that show your involvement in the children's lives — school, medical, activities
- Identifying collateral witnesses who have actually observed your parenting
- Communicating with the other parent in writing that reads well when reviewed by a neutral
- Being consistent: what you tell the investigator should match what the records show
- Preparing the children for the process without coaching them, which investigators readily detect
Challenging a Report
A report is evidence, not a verdict. It can be challenged through cross-examination, through a rebuttal expert who reviews the methodology, and through evidence the investigator did not consider. The most effective challenges are grounded in the professional standards that govern the work, which is another reason experienced counsel matters in these cases.
Talk to a Denver Divorce Attorney Who Handles Complex Estates
Aaron Herzberg is a divorce attorney in Greenwood Village, Colorado, serving Denver and the Front Range, with more than 30 years of trial experience and a practice focused on high-net-worth and financially complex divorce. In a contested parenting case, how you prepare for the evaluation matters as much as anything you file.
Request a Consultation or call 303-507-5529
This publication is attorney advertising. It is educational information only, it is not legal advice, and it may not reflect the most current legal developments. Reading it does not create an attorney-client relationship. No attorney-client relationship exists until a conflicts check is complete and both parties have signed a written engagement agreement.
Read the full guide on DenverDivorce.com: Custody Evaluations: CFI & PRE.
