Family Law, Divorce, Custody and Child Support Attorneys in Denver, Colorado

How the Standard is Applied

When a question comes up in divorce involving children that has to do with the kids, the standard is “best interest of the child”. This phrase is a legal term of art and carries with it important considerations for the judge.

For example, if a court has to consider one party’s drug habit and how that may effect parenting time, the court must answer the question, what’s in “the best interests of the child?” It’s the yard stick by which all questions concerning the child must be measured.

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Contesting Best Interests

Presumably, if the parent’s are working together on development of a parenting plan and shared decision making, then the are already looking out for the “best interests” of the kids. Unfortunately, it’s all too common that one parent believes they’re acting in the best interests, while they perceive the other is not.

Certainly, there are legitimate disputes about what’s in the child’s best interests. Both parents come from a place of concern about the well being of the child but are reaching different conclusions about what should be done. One parent may believe a stricter home environment would be better, while the other parent believes some freedom is a good thing.

With legitimate parenting disputes, negotiation is a very good option for resolution of the difference of opinion. Sometimes you just need to be sure both parents have all the same information. Sometimes they just need to talk it out and understand it better.

But there’s no doubt that there are occasionally, less-than-honest disputes about parenting issues. This may be motivated by a desire to “get even” or hurt the other parent, but many times these disputes arise from fear that they may lose some aspect of their relationship with the kids. Regardless, these types disputes over what’s in the child’s “best interests” are very difficult to work through.

Court’s also have a hard time resolving disputes over what is in the best interests of this kids. Not only is a hard call for a judge, even in the best of cases, most of the time you only have a few hours with the judge to tell your story and that’s really not enough time. So Colorado family law allows for the appointment by the Court of a Child and Family investigator to help the court sort through the question of best interests when the parents disagree.

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Child & Family Investigators

Child and family investigators (“CFIs”) are appointed by a court to conduct an investigation of parenting time and decision making issues. At the end of their investigation, they prepare a detailed report, responding to any specific concerns the court might ask them to look into, and containing recommendations for a parenting schedule and an allocation of decision making responsibility. Should the case proceed to a final hearing, CFIs are also generally called upon to testify at that time about their investigation and recommendations.

CFIs can be doctors, therapists or lawyers. Usually, the two attorneys work together to select the CFI and then ask the court to formally appoint them to the case. However, in high conflict cases, the attorneys are sometime prevented from reaching an agreement about who the CFI should be and the issue has to be submitted to the judge, who will then pick someone they like.

The fees for a CFI can be considerable and we’ve definitely seen cases where more money has been spent on the CFI than on the attorneys. Like lawyers, CFIs generally require a retainer before they begin their work. The amount of this retainer is at the sole discretion of the CFI and is allocated between the parties either by agreement, or by the judge.

While a 50/50 division of the CFI’s fees is common, it is by no means the rule. Courts sometimes allocate the fee in proportion to income and sometimes they order one party to pay the fee, 100%. Various factors can impact the court’s decision in this regard.

The CFI’s investigation is highly specific to the family. When there are school age children, it’s not uncommon for the CFI to speak with their teachers. CFIs may also speak with the child’s therapists, medical doctors and extended family members. Some CFIs ask parents for a list of people they think the CFI should speak with; however, it’s not uncommon to find that not all the people on these lists got calls. Who the CFI talks to, what records they gather, where they meet with the kids or parents are all at the sole discretion of the CFI.

CFI reports are powerful evidence. Judge’s rely heavily on these qualified professionals for insight into the parenting time and decision making issues. That’s why it’s critical to be sure you find the right CFI for your case. As with any profession, there are those who put a lot of time, energy and thought into their work, and those who don’t.

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