Working with a Child and Family Investigator (CFI)

When parents disagree about parenting time or decision-making, the court may appoint a Child and Family Investigator (CFI) to help the court understand what arrangement best supports the children’s well-being. CFIs are trained and do not take sides. CFIs:

• Investigate family circumstances
• Speak with parents and children
• Write a report with recommendations for the judge about what is in the best interests of the children

This guide explains: 

• What a CFI does 
• How to ask for one
• What to expect during the process 
• How to prepare

What does a CFI do?

A CFI investigates and reports to the court about what is in a child’s best interests. They may:

• Interview both parents and children
• Speak with teachers, doctors, and others involved with the family
• Visit each parent’s home
• Review records such as school reports or medical files

CFIs are trained in family law, family dynamics, child development, mental health education, and substance abuse. They participate in continuing education classes on topics like child abuse and domestic violence. Most are attorneys or mental health professionals. 

Why would I want a CFI?

CFIs don’t follow the same evidence rules as other witnesses. That means they can give the judge information about parenting and what is in a child’s best interest. 

Children rarely can or should testify in court. So CFIs provide a way to share what a child wants and needs with the judge.

Judges tend to give weight to CFI recommendations because they are neutral and experienced in evaluating what is in a child’s best interests, but the judge has the responsibility to make the final decision. The judge can choose a parenting plan that is different from what the CFI recommends.  

CFIs can investigate issues that parents are worried about, like substance abuse, child abuse, or domestic violence.

How do I ask for a CFI?

Either or both parents can ask the court to appoint a CFI by filing a motion for the appointment of a CFI. Use these Colorado Judicial Branch forms:

• JDF 1317: Motion for Appointment of CFI 
  • Use this form to describe specific issues for the CFI to investigate. For example, you can raise concerns about domestic violence, a child’s medical issues, or the other parent’s substance abuse.
• JDF 1318: Order Appointing CFI 
  • This should list:
    • The name of the CFI being appointed,
    • The children’s names and ages,
    • The time frame for the report,
    • The issues to be investigated, and
    • The type of recommendations the CFI should make.

Forms and a roster of approved CFIs are available on the Colorado Judicial Branch website.

How much does a CFI cost?

The maximum fee for a CFI is $3,250, usually paid at the beginning.

• Even when paying the full cost at the beginning, the CFI’s hourly rate must show in the court’s order.

The court decides how costs are split between parents.

• Usually, the court will divide the cost equally between each parent. 
• So each parent will pay $1,625.

If both parents qualify for state pay, the state covers the full fee.

• To qualify for state pay, you must submit a JDF 208 form. 
• You likely qualify for state pay if your income is less than 125% of the federal poverty line.

If only 1 parent qualifies for state pay, but the other does not:

• In a divorce case: The court may order the parent who does not qualify for state pay to pay the entire cost.
• In an Allocation of Parental Responsibilities (also known as APR or custody) case or a post-decree divorce action: The state will pay that parent’s share and the parent who does not qualify for state pay will pay their share.

How do I talk to my child(ren) about a CFI?

You can tell your children that the court asked someone to learn about your family and help the judge decide what’s best.
Encourage them to:

• Be honest when speaking to the CFI
• Understand that adults—not children—will make the final decision

Avoid coaching or telling your children what to say. If a CFI believes a parent has influenced a child’s statements, it can harm that parent’s credibility.

What should I expect during the CFI process?

1. Communication
   • Respond quickly to calls or emails from the CFI.
     • If you have not heard back, check your spam folder or politely follow up.
   • Let the CFI know if you have a disability, limited English proficiency, or another need.
     • The CFI can work with you to ensure you can communicate effectively.
     • CFIs must provide interpretation if you speak a language other than English.
2. Forms and information
   • CFIs usually send forms about your family background and parenting history. It is very important for you to take time to complete them thoroughly.
     • Include your main concerns and any safety issues.
     • Be honest about your strengths and challenges.
     • Acknowledge positive qualities in the other parent if possible. This shows you can support your child’s relationship with both parents. That is a factor the CFI must consider in their report.
       • However, if you have serious safety concerns about the other parent, make sure to tell the CFI about them.
   • The CFI will likely also send you a release of information. They may also send you questionnaires to give to your children’s teachers, medical providers, or other professionals. 
   • If you have an attorney, ask them to help you with the forms, or review the forms before you send them back to the CFI.
3. Interviews 
   • You’ll have an interview with the CFI—by phone, video, or in person. This is your chance to discuss everything you put on the form. During the interview, make sure you discuss:
     • Your relationship with the other parent and your co-parenting history. 
       • If the CFI is investigating whether you and the other parent can make decisions together, explain why you can or can’t do that.
     • Everything you want the CFI to know about your children:
       • Do they need extra help in school?
       • Do they have medical needs?
       • What practical concerns do you have about activity schedules?
     • The specific issues listed in the court order appointing the CFI.
4. Contacts
   • The CFI may contact teachers, therapists, doctors, probation officers, or other professionals. The CFI may also contact extended family members, close friends, partners of either parent, or other adults who are regularly in contact with the children.  Provide accurate contact information and required releases.
     • If you want the CFI to talk to the children’s therapist, you should bring this up with the judge as soon as possible.
     • If the CFI does not send a written teacher questionnaire, you may want to encourage them to contact your children’s teachers.
     • Choose personal references who can speak to the topics being investigated.
       • Personal references are called “collateral contacts.”
5. Home visits
   • The CFI will visit both parents’ homes to watch and listen to parent–child interactions and make sure the home is safe.
     • Keep your home clean.
     • Have an activity planned with your children.
     • Follow the CFI’s lead about whether they will speak with your children privately.
   • The CFI may also ask a parent and/or child to come to an office for an observational visit.
6. Evidence to share
   • You may share records or proof such as:
     • Text messages
     • Photos
     • School or medical records

What are the best interests of the child?

CFI reports will focus on the best interests of the child. These are factors set by Colorado law. The factors are:

• What the parents want
• What the child wants if the child is mature enough to express preferences about parenting time 
• The relationship between the child and parents, siblings, and other people who affect the child’s best interests
• Reports of domestic violence
• The child’s adjustment to home, school and community
• Mental and physical health of everyone involved 
   

• Each parent’s ability to encourage sharing of love, affection, and contact between the child and other parent  
   

• Whether each parent’s past involvement shows a system of values, time commitment, and mutual support
• How far apart the parents live
• The ability of each parent to place the needs of the child ahead of their own needs

See our guide on Best Interests of the Child for more information.

What happens when the CFI is done investigating?

After completing the investigation, the CFI writes a report summarizing findings and making recommendations for parenting time and decision-making.

The judge considers the CFI’s opinions, but will make their own decision.

Next steps may include:

• Mediation, where parents try to agree on a parenting plan using the CFI’s recommendations.
• Court hearing, if the parents still cannot agree.

At a hearing, the CFI may testify about their investigation if either parent requests it. If you agree with the CFI report, you should make sure the CFI testifies. The judge makes the final decision.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.