UNDERSTANDING THE ROLE OF THE PRE
When parents are in a custody dispute (in Colorado this is an Allocation of Parental Responsibilities action), the process can be emotionally and legally complex. Parties can ask the Judge to appoint an expert to investigate and give recommendations. This expert is called a Parental Responsibilities Evaluator (PRE). The PRE plays a critical role in ensuring that decisions are made in the best interest of the child.
What Is a Parental Responsibilities Evaluator?
A Parental Responsibilities Evaluator is a neutral third-party professional. This person, by statute, must be a psychologist or mental health expert and have specified training. A PRE is appointed by the Court to assess family dynamics and provide recommendations regarding parenting time and decision-making responsibilities. Their primary focus is the welfare and best interests of the child.
When Is a PRE Appointed?
Courts appoint a PRE when parents cannot agree on key aspects of parenting responsibilities, including:
Parenting time: How the child’s time is divided between the two households.
Decision-making authority: Who makes decisions about the child’s education, healthcare, religion, and extracurricular activities. These decisions can be made jointly, by one parent entirely, or split between the parents.
A PRE can be requested by either parent or appointed directly by the court if the Judge believes a professional evaluation is necessary to help the Judge decide what is best for the minor children.
The Evaluation Process
The PRE process is thorough and involves the following steps:
Interviews: The PRE conducts interviews with both parents, the child (depending on age), and sometimes other individuals in the child’s life, such as teachers or extended family members.
Observation: Observing parent-child interactions is a key component to assess the relationship dynamics. These observations may occur in your home or at the PRE’s office. Oftentimes this observations will also include other adults or unrelated children that live in the home.
Review of Records: The PRE will review the case file, and may review any other documents the parents believe is important. This could include school records, medical or therapeutic records, written communications between the parties, photographs, and so much more.
Psychological Testing: In some cases, psychological assessments may be conducted to gain deeper insights into the family dynamics. It is also possible that substance use evaluations will be included if the parties request or the Court order it.
Witness Interviews: Parents will have the opportunity to provide the PRE with a list of witnesses that he or she believes has valuable information for the PRE. These witnesses can be family members, teachers or daycare providers, friends or coaches.
The PRE Report
After completing the evaluation, the PRE submits a detailed report to the court. This report includes:
Observations and findings;
Analysis of the child’s needs pursuant to the statutes which govern the evaluation; and
Recommendations for parenting time and decision-making responsibilities.
While the Court is not obligated to follow the PRE’s recommendations, the report carries significant weight in the Judge’s final decision.
How to Prepare for a PRE Evaluation
If you’re involved in a custody dispute and a PRE has been appointed, preparation is key:
Be honest: Transparency is crucial. Attempting to manipulate the process can harm your case.
Focus on the child’s needs: Demonstrate your ability to prioritize your child’s well-being.
Cooperate fully: Attend all interviews, provide requested documents, and communicate respectfully with the evaluator.
For a more in depth look at how to prepare for the evaluation, click here.
A PRE is very different than a CFI. While both have the same investigative purposes, the PRE will evaluate on a different level and is able to conduct an investigation on a deeper level. For a discussion on the differences between a CFI and a PRE, click here.
A Parental Responsibilities Evaluator can play a pivotal role in resolving custody disputes by providing objective insights into what parenting time schedule best serves the child and what allocation of decision-making authority will ensure the minor children’s wellbeing. If you’re navigating this process, understanding the PRE’s role and preparing appropriately can make a significant difference in the outcome.
For personalized guidance on parental responsibilities evaluations or other family law matters, contact us for your free consultation today. With over a decade of legal experience, Palmer Family Law is here to help you navigate these challenges with confidence and clarity.