UNDERSTANDING THE ROLE OF THE CFI
In family law cases, especially those involving child custody disputes, emotions run high, and decisions about a child’s future can become complex and contentious. In some cases, the parties or the Judge need a neutral third party to recommend what is best for the children. This is where a Child and Family Investigator (CFI) plays a critical role. Appointed by the Court on its own or chosen by the parties, a CFI is a neutral third party tasked with investigating and making recommendations in the best interests of the children.
What is a Child and Family Investigator?
A Child and Family Investigator is a court-appointed professional—by statute this is an attorney or mental health expert (therapist)—who gathers information through interviews and observations about the family dynamics, each parent’s home and abilities, and the needs of the children. A CFI’s primary objective is to provide the court with an objective analysis and recommendations regarding parenting time, decision-making responsibilities, and other pertinent issues.
The Responsibilities of a CFI
A CFI's role is multi-faceted and involves several key responsibilities, including:
Conducting Interviews: The CFI will interview the parents, the child, and any other relevant individuals such as teachers, doctors, significant others, or extended family members to gather information.
Observations (Home Visits): The CFI will likely observe interactions between the child and each parent to assess the quality of their relationship. Most often this occurs in each parent’s home and will include anyone else that lives in the house such as children from another relationship or a significant other. The CFI will observe an activity between the parent and child, tour the home, and likely interview the child privately.
Reviewing Documentation: The CFI will review any documentation that the parties or their attorney’s provide. This may include school records, medical records, and any previous legal filings to gain insight into the child’s well-being and the family’s history. Witness statements may be submitted in writing, and often times parties will submit a history of their communications such as texts, emails, or Talking Parents logs.
Make Recommendations to the Court: Based on their findings, the CFI compiles a detailed report outlining their observations, conclusions, and recommendations regarding the child’s best interests. The Report is provided to both parties as well as to the Judge. The parties will then attempt to reach a settlement based on the Report or the Judge will use the Report to inform his or her decisions at trial.
What Is The Benefit Of A CFI?
The appointment of a CFI can provide several benefits to families navigating custody disputes, including:
Objective Perspective: CFIs bring a neutral viewpoint, helping to cut through emotional biases and ensure decisions are based on facts and expertise.
Child-Centered Focus: The child’s well-being remains at the forefront of all recommendations, ensuring their needs are prioritized. While the CFI is not a child advocate, the CFI is focused on determining what is in the child’s best interests.
Guidance for the Court: Judges heavily rely on CFI reports to make informed decisions that are in the best interests of the child. Oftentimes the CFI has greater access to the families than a Judge does, so the CFI’s information is more comprehensive than testimony elicited at a trial.
Conflict Resolution: By providing an impartial assessment, a CFI can help facilitate agreements between parents, potentially avoiding prolonged litigation.
Choosing the Right CFI
When selecting a CFI, it’s crucial to consider their experience, qualifications, and approach. Many CFIs have backgrounds in law, psychology, or social work, offering unique insights into family dynamics and legal proceedings. Parents should seek professionals with a reputation for fairness, thoroughness, and compassion.
You should also work with your attorney to consider what expertise will best serve your family. If you are concerned that your co-parent is suffering from mental health issues, you will want to find a CFI with a mental health background. If one parent is asking to move out of state, then an attorney-CFI may be better suited to determine if a move is appropriate under the law. There are a number of CFIs in Colorado, so taking the time to determine which type of CFI would best address your concerns is going to give you a higher likelihood of success.
While the general process is similar, there are many differences between a CFI and a Parental Responsibilities Evaluator (PRE). In some cases, parties need a more qualified expert than a CFI. In those cases, parties should consider a PRE. For a more in depth explanation of the PRE, see this blog post. A Child and Family Investigator serves a crucial role in divorce and custody matters. By conducting thorough investigations and offering well-informed recommendations, CFIs help courts make decisions that encourage stability, safety, and happiness for children. If you are facing a custody dispute, understanding the role of a CFI can help you navigate the process with greater confidence and clarity. To discuss your case specifically, or for help preparing for your CFI investigation, contact us for your free consultation today.