Information on Understanding and Preparing for a Child and Family Investigation in Your Colorado Springs, Colorado Domestic Relations Case

This explains what a child and family investigation is in a Colorado domestic relations case and how you can prepare for it. A Child and Family Investigator (CFI) is a person who conducts a parenting investigation and writes a report which is then submitted to the court. These investigations are commonly ordered in cases involving parenting time and decision-making (allocation of parental responsibilities). This is particularly the case when there are special issues, such as allegations of domestic abuse or substance abuse. The investigator's role is to gather information and provide the court with a written report and recommendations focused on the children's best interests.

At Janko Family Law, we often recommend these in high-conflict parenting cases as they typically reduce cost and offer more predictability in the outcome. For one thing, an investigator, rather than an attorney, is gathering important parenting information. Additionally, once the report is released and the parents see what recommendations will be made to the court, this often fosters out of court resolution.

Sabra Janko is also a Child and Family Investigator so can provide first-hand experience to your questions about CFI investigations.

What a child and family investigation is:

• A child and family investigation is a court-ordered, neutral fact-gathering process.
• The investigator is appointed to look into the issues identified by the court and to provide recommendations to help the judge make parenting-related decisions.
• The investigator is not your lawyer or advocate. They are not obligated to answer all of your questions about the investigation, and they can not give you legal advice.
• Even if the investigator seems friendly or sympathetic, their job is to evaluate the family and report to the court, not to represent either parent.
• The investigator may discuss sensitive topics.
• The investigation is not confidential. You should assume that what you tell the investigator, and what collateral sources tell the investigator, will be in the written report and may be relied upon in court.

What the investigator typically does

While each case is different and the court's order controls the scope, investigations commonly include:

• Interviews with each parent and the children.
• Document reviews - (court filings, prior orders, school records, medical or mental health records). You will be asked to provide documents and sign releases so that the investigator can request documents.
• Collateral contacts (teachers, therapists, pediatricians, coaches, childcare providers, family members, or others with meaningful information).
• Home visits for the investigator to observe family interactions and the household, and to speak with children. These are scheduled ahead and are not like Department of Human Services investigations, which can be unannounced.
• Review of communications between parents (for example, messages that show co-parenting behavior, conflict patterns, or gatekeeping). The best method for parental communication about children is through a parenting app such as Talking Parents or Our Family Wizard. The communications are then in one location which makes it possible to see conversational flow, and these records are automatically admissible in court.

A written report to the court with recommendations.

How the court uses the report

The judge is not required to follow the investigator's recommendations, but the report often carries significant weight.

The report can influence:

• Parenting time schedules
• Decision-making responsibility
• Conditions on parenting time (for example, exchanges, supervision, substance testing, or counseling)
• Communication between parents
• If there are disputed facts, the report may shape what issues become central at hearings or trial.

How to prepare:

• Organize your documents and timeline. Create a timeline of key events relevant to parenting and the children's needs (school changes, medical issues, major conflicts, separations, moves, etc.).
• Gather and organize documents that may be requested or helpful, such as:
  • School records (report cards, attendance, IEP/504 plans if applicable)
  • Medical records relevant to the children (as appropriate)
  • Extracurricular schedules
  • Childcare information
  • Any prior evaluations or parenting-related assessments
• Stay factual and child-focused. Avoid attacking the other parent, however do raise serious issues. Say at least one good thing about the other parent as this shows your willingness to encourage a relationship with the other parent.
• If there are weaknesses in your case (past mistakes, conflict, a difficult period), consider how to address them responsibly rather than appearing evasive. You can consult with your attorney. While your attorney can not tell you what to say, he or she can discuss how you might best present information. You will be asked to complete questionnaires as well. Your attorney can review your answers and discuss with you the best way to present yourself and your positions to the CFI and to the court.
• The investigator is evaluating parenting capacity and the child's experience, not which adult is "right" or the “better parent”.
• Concrete examples are more persuasive than conclusory statements (for example, "I attend parent-teacher conferences and help with homework on these days" rather than "I'm the involved parent").
• Avoid exaggeration.
• Do not coach the children on what to tell the investigator. You can reassure your child that it is okay to talk to the investigator, but do not script answers.
• Make sure that your home is neat, clean and presentable on the day of the home visit. Investigators look at sleeping arrangements, age-appropriate food options, a safe environment (including safe storage of medications, alcohol, firearms, or other hazards, if applicable), etc.
• Explain who other adults are in the home - who they are, their role, and the children's exposure to them. The investigator may ask to have everyone who lives in the home be present during the home visit.
• Provide information on appropriate third parties for the investigator to contact. Helpful third parties can be neutral professionals with firsthand knowledge (teachers, pediatricians, therapists, childcare providers). They can also be friends and family, though these references may often be biased in favor of the party that they know.
• Follow all court orders and take the process seriously. Be on time for appointments and responsive to reasonable requests.

Pitfalls

• Treating the investigator like a person you must persuade rather than establishing credibility based on facts.
• Turning the interview into an attack on the other parent instead of explaining your parenting plan and the child's needs.
• Ignoring mental health, substance use, or anger-management concerns. If these issues exist, consider how to address them appropriately.

How our office can support you during the investigation

• We can help you prepare for interviews and organize documents.
• We can review your completed parenting questionnaires and provide helpful guidance.
• After the report is issued, we can discuss next steps including negotiation strategy, settlement options, and trial preparation.

Ultimately the CFI wants to hear from parents and not attorneys. Attorneys do not typically become involved in the investigation itself unless they are responding to the CFI on a logistical matter, or responding to a request filed by the CFI in court.

Janko Family Law CFI Request case example - A CFI might file a request for the court to order a parent to take a drug test. Your attorney will address that depending on who the attorney represents. In one case, the CFI requested a drug test because of “allegations of alcohol use”. Our client was the one who the CFI asked to be tested. We opposed because the CFI did not state specific facts – just anonymous allegations. The Court agreed with us and found that there was not a substantial basis to order the test.

Legal Standards That CFIs and Courts Utilize – the best interests of the child standard for allocation of parental responsibilities and the relocation factors for parental relocations with children.

The Best Interests of the Child

1. Statutory Factors for Parenting Time and Decision-Making requires courts to consider multiple factors in determining the best interests of the child. These factors include: (1) the wishes of the child's parents as to parenting time; (2) the interaction and interrelationship of the child with his or her parents and any other person who may significantly affect the child's best interests; (3) any report of domestic violence; (4) the child's adjustment to his or her home, school, and community; (5) the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; (6) whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support; (7) the physical proximity of the parties to each other as it relates to the practical considerations of parenting time; and (8) the ability of each party to place the needs of the child ahead of his or her own needs. In re Pawelec, 2024 COA 107, 562 P.3d 106. When allocating decision-making responsibility, the court must consider, in addition to the above factors, all relevant factors including credible evidence of the ability of the parties to cooperate and make decisions jointly, whether the past pattern of involvement reflects a system of values that would indicate an ability as mutual decision makers to provide a positive relationship with the child, and whether an allocation of mutual decision-making will promote more frequent contact between the child and each party. R.S. 14-10-124.

In post-decree parental relocation cases with children, the court considers a second set of factors as well:

Pursuant to C.R.S. 14-10-129, the court must consider the following nine specific relocation factors:

1. The reasons why the party wishes to relocate with the child.
2. The reasons why the opposing party is objecting to the proposed relocation.
3. The history and quality of each party’s relationship with the child since any previous parenting time order.
4. The educational opportunities for the child at the existing location and at the proposed new location.
5. The presence or absence of extended family at the existing location and at the proposed new location.
6. Any advantages of the child remaining with the primary caregiver.
7. The anticipated impact of the move on the child.
8. Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted.
9. Any other relevant factors bearing on the best interests of the child.