What Is a Child and Family Investigator (CFI) in Colorado?
If you're going through a custody dispute in Colorado, you may hear the term "Child and Family Investigator" or “CFI” either from your attorney, the other parent, or the court itself. For many parents, the idea of an outside investigator getting involved feels alarming: What does this person do? What are they looking for? Will they decide where my children live?
Understanding what a CFI actually is, and what they are not, can go a long way toward easing that anxiety.
What Is a CFI?
A Child and Family Investigator is a neutral third party appointed by the court to investigate the circumstances of a custody dispute and make recommendations in the best interests of the child. CFIs in Colorado are typically attorneys or mental health professionals who have received specific training for this role.
Their job is not to take sides. It is to gather information, assess the family situation, and give the court an independent perspective that the judge may not otherwise have access to.
What Does a CFI Actually Do?
A CFI's investigation typically includes:
Interviewing both parents
Interviewing the child or children, in an age-appropriate way
Speaking with collateral contacts such as teachers, coaches, therapists, or family members
Reviewing relevant documents, including school records, medical records, and prior court filings
Observing parent-child interactions, including conducting a home visit of each parent
After completing the investigation, the CFI prepares a written report with findings and recommendations. That report is submitted to the court and is available to both parties.
What a CFI Can and Cannot Do
This is where a lot of parental anxiety comes from, so it's worth being clear.
A CFI makes recommendations. They do not make decisions. The judge is not required to follow a CFI's recommendations, though courts do give them significant weight. The final determination about parenting time and decision-making always rests with the judge.
It's also worth knowing that CFI investigations are limited in scope compared to a full Parental Responsibility Evaluation (PRE). A CFI typically has a capped fee, which keeps costs more manageable, but it also means the investigation may be less exhaustive than a PRE. If your case involves complex mental health concerns, serious allegations of abuse (domestic violence, child abuse, or substance abuse), or significant factual disputes, your attorney may recommend a PRE instead of or in addition to a CFI.
How Does a CFI Get Appointed?
A CFI can be brought into a case in a few ways. The court may appoint one on its own initiative. Either party's attorney can file a motion requesting one. Or both parties can agree to the appointment and stipulate to a specific CFI together.
The cost of a CFI is typically shared between the parties, though the court has discretion to allocate costs differently based on the financial circumstances of each parent.
What If a CFI Is Appointed?
Sometimes a CFI appointment feels less like a neutral development and more like an attack, particularly if the other parent requested it or if you feel the timing is strategic. It's okay to feel caught off guard. What matters is how you respond.
First, don't panic. The appointment of a CFI does not mean the court has already decided something is wrong or that you are in trouble. It means the court wants more information. That is an opportunity as much as it is a challenge.
Second, contact your attorney immediately. Your attorney can review the order appointing the CFI, explain what the investigation will involve, help you understand your rights, and begin preparing you for the process. Going into a CFI investigation without legal guidance is a significant disadvantage.
Third, resist the urge to go on the offensive. Parents who respond to a CFI appointment by ramping up conflict, flooding the investigator with one-sided documentation, or pressuring their children to say certain things almost always hurt themselves in the process. The CFI is watching how you handle the situation, not just what you say about the other parent.
Approach the process as a chance to show the CFI, and ultimately the court, exactly who you are as a parent.
How to Work Effectively With a CFI
If a CFI has been appointed in your case, how you approach the process matters. Here are some practical guidelines:
Be honest and straightforward. CFIs are trained to identify inconsistencies. Exaggerating, minimizing, or shading the truth will undermine your credibility more than the underlying facts ever would.
Focus on your children, not the other parent. Parents who center their children's needs and well-being come across as more credible and more focused on what actually matters. Parents who spend most of their time criticizing the other parent often do not.
Be cooperative and responsive. Return calls and emails promptly, show up on time, and provide requested documents without delay. How you conduct yourself during the investigation is itself data.
Don't coach your children. CFIs are experienced at recognizing when a child has been prepared or pressured. It reflects poorly on the parent who did it and can significantly damage your case.
Work closely with your attorney. Your attorney can help you prepare for your CFI interview, understand what to expect, and respond appropriately if you disagree with the CFI's findings or recommendations.
What If You Disagree With the CFI's Report?
A CFI's recommendations are not the final word. If you believe the report is inaccurate, incomplete, or unfair, you have options. Your attorney can cross-examine the CFI at a hearing, present other evidence that contradicts the findings, or in some cases request a rebuttal CFI or a more comprehensive PRE. Having an experienced family law attorney in your corner is especially important if you anticipate challenging the CFI's conclusions.
Conclusion
A CFI is not something to fear. They are a tool the court uses to make sure someone is looking out for your children's best interests when parents cannot agree. Understanding their role, and approaching the process thoughtfully, puts you in the best position to present yourself and your family accurately.
At Rider Goodwin Law, we help clients navigate the CFI process from start to finish, including preparing for interviews, responding to reports, and deciding whether to challenge findings. If a CFI has been appointed in your case or you think one might be, we're here to help.
Call us today at 303.728.4271 or click here to schedule a consultation.