Top 10 Things to Know When Hiring a PRE or CFI in Colorado Custody Cases

By: Matthew C. Clawson

Child custody disputes are among the most emotionally charged and legally complex aspects of a divorce or parental responsibilities case in Colorado. When parents cannot agree on parenting time or decision-making, the court may appoint an evaluator to help determine what arrangement serves the best interests of the child, which is the guiding standard under C.R.S. § 14-10-124. Two types of evaluators are most common: Child and Family Investigators (CFIs) and Parental Responsibilities Evaluators (PREs). At first glance, their roles may look similar since both conduct investigations, speak with parents and children, and submit reports with recommendations to the judge. However, they differ substantially in scope, cost, qualifications, and impact.

The first key consideration is the scope of the investigation. CFIs are designed to conduct narrow, efficient investigations, as set forth in C.R.S. § 14-10-116.5 and Chief Justice Directive 04-08. Their role is issue-focused, often limited to answering one or two questions such as whether a child should attend public or private school or whether one parent should have additional overnights. PREs, by contrast, are appointed under C.R.S. § 14-10-127 and conduct far more comprehensive evaluations. They are used in cases involving relocation, allegations of abuse or neglect, substance abuse issues, or significant psychological concerns. PREs may review thousands of pages of records, conduct collateral interviews, and administer psychological testing. Thus, while a narrow dispute may justify a CFI, allegations of untreated mental illness or substance abuse nearly always require the appointment of a PRE.

The second factor is cost. CFIs are statutorily capped at a presumptive maximum fee of $2,750 for the investigation, plus up to $500 for testimony (CJD 04-08 § VIII). This cap ensures that evaluations remain accessible to most families. PREs, however, are not subject to statutory fee caps. They typically require retainers between $5,000 and $15,000, and in high-conflict or document-heavy cases, fees may escalate to $20,000 or more. Courts can order cost-sharing, and under C.R.S. § 14-10-127(1.5), they may allocate more of the cost to the higher-earning parent if fairness requires.

Third, qualifications matter. CFIs may be attorneys, licensed mental health professionals, or other trained individuals, provided they complete state-approved training on interviewing children, domestic violence, and child development (C.R.S. § 14-10-116.5(2)). They cannot conduct psychological testing unless independently qualified to do so. PREs, on the other hand, must be licensed mental health professionals such as psychologists, psychiatrists, or clinical social workers (C.R.S. § 14-10-127). PREs are specifically authorized to conduct psychological testing and provide expert analysis on mental health, making them the appropriate choice when psychological functioning is in dispute.

Fourth, parents should consider the timeline. CFI investigations usually conclude within 60 to 90 days, while PRE evaluations often take three to six months or longer due to their scope and the evaluators’ limited availability. Colorado appellate courts have emphasized that delays in custody determinations can negatively affect children, noting that trial courts must make timely determinations in the child’s best interests (In re Marriage of Hatton, 160 P.3d 326, 329 (Colo. App. 2007)). Judges sometimes prefer CFIs in cases where a speedy resolution is crucial.

The fifth consideration is the level of intrusion and the effect on the child. CFIs typically conduct one or two interviews and minimal testing, making the process less stressful for children. PREs involve far more extensive interviews, repeated interactions, and psychological testing. Courts recognize that evaluations themselves can cause stress, and they balance investigative needs with the risk of harm to children (In re Marriage of Slowinski, 199 P.3d 48, 52 (Colo. App. 2008)).

Sixth, parents should understand when a court is more likely to appoint a PRE. Judges often require a PRE in relocation disputes, particularly those involving out-of-state moves, because Colorado law requires detailed analysis of relocation factors (In re Marriage of Ciesluk, 113 P.3d 135, 147 (Colo. 2005)). Courts also lean toward PREs when there are credible allegations of domestic violence, child abuse, substance abuse, or serious mental health concerns. In general, if the issues extend beyond the narrow scope authorized for CFIs (C.R.S. § 14-10-116.5(1)(a)), a PRE will be appointed.

The seventh factor involves availability and scheduling. Because there is a larger pool of qualified CFIs across Colorado, they are easier to schedule, often with little delay. PREs are far fewer in number, particularly outside metropolitan areas such as Denver and Colorado Springs. As a result, PREs often have significant waitlists, which can delay cases by several months. Parties who anticipate the need for a PRE should request one early in the case to avoid additional delays.

Eighth, parents should know what to expect during the process. Both CFIs and PREs interview the parents and children, conduct home visits, review school, medical, and law enforcement records, and speak with collateral witnesses such as teachers, relatives, and therapists. PREs go further by administering psychological assessments such as the MMPI-2/MMPI-3, MCMI-IV, Parenting Stress Index, or Ackerman-Schoendorf Custody Evaluation Scales. They also conduct multiple sessions with each parent and provide in-depth forensic analysis of family dynamics.

Ninth, it is important to understand the weight courts give these reports. Although judges are not bound by the recommendations of CFIs or PREs, their reports carry significant influence. Courts often adopt evaluator recommendations absent compelling contrary evidence, and trial courts have broad discretion in determining the best interests of children (In re Marriage of Parr, 240 P.3d 509, 512 (Colo. App. 2010)). A party may challenge an evaluator’s report by cross-examining the evaluator at trial, presenting rebuttal experts, or highlighting methodological flaws.

The tenth and final consideration is choosing wisely between a CFI and a PRE. A CFI is usually appropriate when budgets are limited, disputes are narrow, or speed is essential. A PRE is necessary when allegations of abuse, neglect, or substance abuse exist, when psychological testing is required, or when relocation or high-conflict dynamics are present. The wrong choice can waste money and delay resolution, so parents should always consult with their attorney before requesting either type of evaluation.

One additional area worth noting is emergency relief through motions to restrict parenting time. Under C.R.S. § 14-10-129(4), a parent may file such a motion if a child faces imminent physical or emotional danger. Parenting time is immediately restricted to supervised visitation, and a hearing must be held within 14 days. Courts apply this remedy sparingly, requiring credible evidence of imminent danger, not mere suspicion (In re Marriage of Finer, 920 P.2d 325, 328 (Colo. App. 1996)). Courts may also award attorney fees if a motion is filed frivolously.

In conclusion, both CFIs and PREs play critical roles in Colorado custody disputes, but the right choice depends on the complexity of the issues, the need for psychological testing, the desired speed of resolution, and financial considerations. At Clawson & Clawson, LLP, we guide parents through this process from selecting the right evaluator, to preparing for interviews, to challenging reports in court. If you are facing a custody dispute and wondering whether to request a CFI or PRE, contact Matthew Clawson of Clawson & Clawson, LLP today. We have offices in Colorado Springs, Parker, and Pueblo to serve families throughout Colorado.

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Matthew C. Clawson, Colorado Family Law Attorney

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Legal Disclaimer- This article is for informational purposes only and does not constitute legal advice. Reading this content or contacting the attorney does not create an attorney-client relationship. Legal decisions and outcomes depend on the specific facts of each case. Colorado laws may change, and you should consult a licensed attorney for advice tailored to your circumstances. No guarantee is made regarding the accuracy or completeness of the information provided.