Custody Evaluations in Colorado: CFIs, PREs, and Professional Assessments
What parents should know about Child and Family Investigators, Parental Responsibilities Evaluators, reports, recommendations, and how to prepare.
When parents disagree about what arrangement is best for their children, the court may need more information than either parent’s testimony can provide.
A judge does not live in the family’s home. A judge does not see daily exchanges, school routines, parent-child interactions, communication patterns, or what happens outside the courtroom. In some cases, the court appoints a professional to investigate, evaluate, and report on issues involving the children’s best interests.
These professionals can play an important role in a divorce with children. Their work may affect parenting time, decision-making responsibility, safety protections, settlement negotiations, and trial strategy.
A custody evaluation is not something to drift through. Parents should understand the role of the professional, the scope of the appointment, what information will be reviewed, and how to participate without performing, exaggerating, or trying to control the outcome.
Why Courts Use Custody Evaluations and Professional Assessments
Custody disputes often involve competing stories.
One parent may say the other is uninvolved. The other may say they were shut out. One parent may raise safety concerns. The other may say those concerns are exaggerated. Parents may disagree about school, therapy, exchanges, overnights, substance use, mental health, communication, or whether a child is being pressured.
The court may appoint a professional when it needs more information about the family, the children’s needs, parenting patterns, safety concerns, or disputed facts.
The purpose is not to replace the judge. The purpose is to give the court additional information and recommendations so the judge can make decisions under the best interests standard.
Child and Family Investigators
Under C.R.S. § 14-10-116.5, a court may appoint a Child and Family Investigator, often called a CFI, in a domestic relations case.
A CFI investigates and reports to the court about relevant factors involving the children’s best interests. The appointment order should define the scope of the CFI’s work.
A CFI may interview parents, speak with the children when appropriate, review records, contact collateral sources, and observe parent-child interactions depending on the scope of the appointment. The CFI may then submit a report with findings and recommendations. CFIs are often used when the court needs focused information more quickly or less extensively than a full parental responsibilities evaluation. A CFI is still important. The report can affect settlement discussions, temporary orders, and final orders.
Parents should not assume a CFI appointment is minor just because it may be narrower than a PRE.
Parental Responsibilities Evaluators
Under C.R.S. § 14-10-127, a court may appoint a Parental Responsibilities Evaluator, often called a PRE, to evaluate and report on disputed issues relating to allocation of parental responsibilities.
A PRE evaluation is usually more comprehensive than a CFI investigation. It may involve interviews, records, collateral contacts, psychological testing when appropriate, home visits or observations, parent-child interaction review, and analysis of complex parenting concerns.
PREs are often used in more complex or high-conflict cases, including cases involving serious safety concerns, mental health issues, substance abuse allegations, alienation claims, child abuse allegations, relocation disputes, or deeply contested parenting-time and decision-making disputes.
A PRE report can have significant influence. It may address parenting time, decision-making responsibility, safety concerns, restrictions, treatment recommendations, communication issues, and other parenting-related matters.
A parent should treat a PRE evaluation as serious litigation work, not as a casual interview.
The Difference Between a CFI and a PRE
CFIs and PREs both provide information to the court, but they are not the same.
A CFI investigation is usually more limited and focused. A PRE evaluation is usually broader and deeper. A CFI may be appropriate when the court needs a targeted investigation. A PRE may be appropriate when the case requires a more detailed evaluation of psychological, safety, parenting, or family-system issues.
The right appointment depends on the facts. A case involving routine parenting-time disagreement may not need the same level of evaluation as a case involving child abuse allegations, coercive control, substance use, or serious mental health concerns.
Parents should understand what the professional has been asked to do. The scope of the appointment matters.
Current Training and Safety Requirements
Colorado law has increased attention to safety, domestic violence, coercive control, child abuse, and child sexual abuse in parental responsibilities cases. C.R.S. § 14-10-116.5 and C.R.S. § 14-10-127.5 address training and qualifications for CFIs. Current requirements include training and competency related to domestic violence and its effects on children, adults, and families, coercive control, child abuse, and child sexual abuse.
C.R.S. § 14-10-127 and C.R.S. § 14-10-127.5 also address training and qualifications for PREs, including safety-related training requirements.
HB24-1350 strengthened child-safety requirements in parental responsibilities proceedings. This matters in evaluation cases because safety concerns should not be treated as ordinary parent conflict when the facts show risk to a child or parent.
When safety is part of the case, the professional’s understanding of domestic violence, coercive control, child abuse, and child sexual abuse can be critical.
What Evaluators May Review
The scope of review depends on the appointment order and the type of professional.
A CFI or PRE may review school records, medical records, therapy information when permitted, police records, protection orders, communication records, parenting calendars, exchange records, activity information, substance-use records, financial information when relevant, and other materials connected to the children’s best interests.
A PRE may also consult with medical, mental health, educational, or other expert persons who have served the child. Under C.R.S. § 14-10-127, if a child has reached age fifteen, the child’s consent may be required before the evaluator obtains certain information from providers unless the court finds the child lacks mental capacity to consent.
Parents should provide organized, relevant information. A disorganized document dump can make it harder for the professional to understand the pattern that matters.
How Parents Should Prepare
Preparation is not about trying to look perfect.
A parent should be honest, organized, child-focused, and responsive. The professional will usually notice if a parent exaggerates, avoids difficult facts, refuses to acknowledge any weakness, or focuses only on attacking the other parent.
Useful preparation may include organizing a parenting timeline, identifying key records, gathering school and medical information, preparing a list of collateral contacts, documenting exchanges and communication issues, and identifying specific safety concerns when they exist.
Parents should focus on facts that connect to the children’s needs. The strongest information usually shows patterns: who has been involved, who follows through, what safety concerns exist, how the children are functioning, and what structure would work for them after divorce.
The goal is not to perform. The goal is to help the professional understand the child’s life.
What Not to Do During an Evaluation
Some mistakes can damage credibility.
Do not coach the children. Do not tell them what to say. Do not pressure them to choose sides. Do not flood the evaluator with irrelevant accusations. Do not hide important information. Do not ignore deadlines. Do not refuse reasonable requests. Do not treat the evaluator like your therapist, your advocate, or your enemy.
The evaluator is not there to validate every feeling. The evaluator is there to help the court understand what arrangement serves the children’s best interests.
A parent who stays factual, organized, and child-focused is usually in a stronger position than a parent who tries to control the process.
Children and the Evaluation Process
Children may be interviewed or observed depending on the case, the child’s age, the professional’s role, and the appointment order.
Parents should not prepare children as though they are witnesses for one side. Children should not be rehearsed, questioned repeatedly, or made responsible for the outcome.
A parent can reassure a child that the professional’s job is to understand the family and help the court make decisions. The child does not have to choose a parent or solve the divorce.
Children should not be placed in the middle of the evaluation any more than they should be placed in the middle of the divorce.
Safety Concerns in Evaluations
Evaluations involving safety concerns require care.
Domestic violence, coercive control, child abuse, child sexual abuse, child emotional abuse, substance abuse, threats, stalking, intimidation, or protection orders may affect parenting time, decision-making responsibility, exchanges, communication, and whether restrictions are needed.
Parents raising safety concerns should present facts clearly. This may include protection orders, police reports, medical records, school information, messages, photos, witness information, provider recommendations, or documentation of patterns.
Parents responding to safety concerns should address them directly and responsibly. Dismissing concerns without evidence or attacking the other parent may not help.
Safety is not a side issue in a parental responsibilities evaluation. Under C.R.S. § 14-10-124, the court must give paramount consideration to the child’s safety and the child’s physical, mental, and emotional needs.
The Report and Recommendations
After completing the investigation or evaluation, the professional may issue a written report.
The report may include background information, records reviewed, interviews, observations, findings, and recommendations. Recommendations may address parenting time, decision-making responsibility, restrictions, communication, therapy, parenting classes, substance-use conditions, or other issues.
The report is important, but it does not replace the judge. The court makes the final decision.
Parents should review the report carefully with counsel. A report may support settlement. It may also need to be questioned, clarified, challenged, or supplemented depending on the facts and the professional’s methods.
Challenging or Questioning a Report
A parent can disagree with a CFI or PRE report.
Disagreement alone is not enough. The question is whether there are factual errors, missing information, unsupported conclusions, flawed methods, overlooked safety concerns, bias concerns, or recommendations that do not match the evidence.
Depending on the case, a parent may seek clarification, cross-examine the professional, present contrary evidence, use another expert when appropriate, or ask the court to give less influence to certain recommendations.
A strong challenge is specific. It identifies the problem and ties it to the evidence.
Confidentiality and Access to Information
Evaluation reports and related information may be sensitive.
C.R.S. § 14-10-127 treats evaluations and reports submitted under that section, including related medical and mental health information, as confidential without the need for a separate motion to seal.
Parents should not assume evaluation materials can be shared freely. Reports may include private information about children, parents, treatment, safety concerns, and family history.
A report should be handled as serious legal material, not as something to post, forward, or use in family arguments.
Cost and Scope
CFIs and PREs can add cost and time to a divorce case.
The cost depends on the type of appointment, the scope of work, the professional, the complexity of the issues, and whether testimony is required. A narrow investigation may cost less than a broad evaluation. A complex PRE involving testing, many records, and extensive collateral contacts can be expensive.
Before requesting or agreeing to an appointment, parents should understand why it is needed, what questions the professional will answer, who will pay, and how the appointment fits into the overall strategy.
An evaluation should have a purpose. It should not be requested reflexively just because parents disagree.
Common Myths About Custody Evaluations in Colorado
Myth: The evaluator decides custody. The evaluator may make recommendations, but the judge makes the final decision.
Myth: A CFI and PRE are the same thing. They are different roles. A CFI investigation is usually more focused. A PRE evaluation is usually broader and more detailed.
Myth: The parent who looks perfect will win. Evaluators often look for honesty, judgment, follow-through, and child-focused behavior. Pretending to be perfect can hurt credibility.
Myth: Children should be coached before meeting the evaluator. Children should not be coached, rehearsed, pressured, or asked to choose sides.
Myth: Safety concerns in a custody evaluation are just another opinion. Safety concerns require careful review and evidence. Domestic violence, coercive control, child abuse, and child sexual abuse can affect parenting recommendations.
Myth: A CFI or PRE report cannot be challenged once it is filed. Reports can be questioned, clarified, challenged, or weighed against other evidence when there is a proper basis.
Frequently Asked Questions About CFIs and PREs in Colorado Divorce
What is a custody evaluator in a Colorado divorce? A custody evaluator may include a Child and Family Investigator, or CFI, or a Parental Responsibilities Evaluator, or PRE. A CFI investigates and reports to the court about issues involving the children’s best interests.
What is a Parental Responsibilities Evaluator in Colorado? A Parental Responsibilities Evaluator, or PRE, is a court-appointed professional who evaluates disputed issues involving allocation of parental responsibilities and reports to the court.
What is the difference between a CFI and a PRE? A CFI is usually more limited and focused. A PRE is usually more comprehensive and may involve deeper evaluation, testing, collateral contacts, and analysis of complex issues.
Can a CFI or PRE recommend parenting time? Yes. Depending on the appointment and the case, a CFI or PRE may make recommendations about parenting time, decision-making responsibility, restrictions, communication, or other parenting issues. Does the judge have to follow the evaluator’s recommendation? No. The judge makes the final decision. The report may be influential, but it is not the court’s final order.
How should I prepare for a custody evaluation? Be honest, organized, responsive, and child-focused. Gather relevant records, identify important collateral contacts, and focus on facts connected to the children’s needs.
Can I challenge a CFI or PRE report? Yes, if there is a proper basis. A parent may challenge factual errors, missing information, unsupported conclusions, flawed methods, overlooked safety concerns, or other issues through appropriate legal procedures.
Will a CFI or PRE talk to my child? Possibly. Whether and how a child is interviewed depends on the child’s age, the facts, the appointment order, and the professional’s process.
Are CFI and PRE reports confidential? Reports and evaluations submitted under C.R.S. § 14-10-127 are treated as confidential. Parents should handle evaluation materials carefully.
Should I request a CFI or PRE in my divorce? It depends on the facts, disputes, safety concerns, cost, and litigation strategy. An evaluation should have a clear purpose.
Moving to the Next Step
Custody evaluations can help the court understand children’s needs when parents disagree about parenting time, decision-making, safety, or family dynamics.
They can also shape settlement, trial preparation, and long-term parenting orders. Parents should take the process seriously, prepare carefully, and stay focused on the children rather than on winning the evaluator’s approval.
The next chapter explains how to enforce divorce, parenting, and support orders when one parent or former spouse does not follow the court’s orders.