Colorado Child & Family Investigators, explained by one
What the court-appointed investigator does in a parenting case, how to prepare, and what to do when the report arrives.
Former Deputy District Attorney · Colorado court-appointed Child & Family Investigator · Former government fraud investigator, 700+ investigations
What a Child & Family Investigator is
In a case about parenting time and decision-making, a Colorado court may appoint a Child & Family Investigator. The court's appointment order sets the investigator's duties. In general the investigator's job is to investigate, report and make recommendations to the court about the children's best interests. The investigator usually prepares a written report and may testify at a hearing.
Investigators may be licensed mental health professionals or attorneys. Since January 1, 2016, the Office of the State Court Administrator has overseen all of them, and the Judicial Branch keeps a roster of people who have completed required training, including training on domestic violence and child abuse, and passed a background check. Appointments are governed by C.R.S. 14-10-116.5 and Chief Justice Directive 04-08. Source: Colorado Judicial Branch, Child and Family Investigators.
Why this page comes from experience
Attorney Liken has served as a Colorado court-appointed Child & Family Investigator himself. He knows how an investigation is organized, what an investigator is weighing, and how a report is built, because he has written them. That is a perspective most family lawyers do not have.
How to prepare for an investigation
- Be organizedGive the investigator a short, factual timeline and the documents that support it: schedules, school records, messages that matter.
- Stay child-focusedTalk about your children's needs and routines, not about winning against the other parent.
- Be consistent and on timeReturn calls, keep appointments and follow through on anything you said you would provide.
- Keep the children out of itDo not coach children or ask them to take sides. Investigators are trained to notice it.
- Get advice before you startA short conversation with a lawyer before your first interview can prevent mistakes that are hard to undo.
When the report arrives
A report can carry real weight with the court, so it deserves a careful read. Attorney Liken can go through it with you on a free 20-minute call. See fees.
Separately, the Judicial Branch has a complaint process for an investigator's violation of the practice standards. According to the Judicial Branch, a complaint must be brought within six months after the appointment ends, a preliminary findings request is due within 60 days after it ends, and the complaint process will not change court orders. Changing how a report affects your case happens in the case itself, which is where a lawyer helps.
Common questions
Who pays for a Child & Family Investigator?
Payment is addressed in the court's appointment order. In some cases the state pays under Chief Justice Directive 04-05; in others the parents pay. Ask about your order on a free call.
Does the judge have to follow the investigator's recommendations?
No. The investigator makes recommendations; the judge decides what is in the children's best interests based on all the evidence.
Can a complaint against an investigator change my court order?
No. The Colorado Judicial Branch states that its complaint process will not result in changes to court orders.
Talk it through with Attorney Liken first.
Twenty minutes, no charge, no obligation. Pick a time and he calls you.