Chapter 4 - § 4.8 • PARENTAL RESPONSIBILITIES EVALUATORS

• Jurisdiction: Colorado

§ 4.8 • PARENTAL RESPONSIBILITIES EVALUATORS

In some cases involving the allocation of parental responsibilities, serious and substantial allegations are made by one party about the other party's fitness to have substantial parenting time or to be included in decision-making. The allegations may be hotly disputed and counter-allegations may be made. In other cases, both parents may appear fit and proper persons to have parental responsibilities for the child, but the parties are not in agreement as to the appropriate parenting time and/or decisionmaking orders that will best serve the best interests of the child, or the parties may want input from an expert in children of divorce to give their child the best chance at success going forward. In any such case, and in other situations as well, an evaluation of the disputed issues may assist the court, as well as the parties, in determining what orders are in the best interests of the child.

§ 4.8.1—Purpose

An evaluation is an investigation authorized by statute and conducted by a qualified mental health professional for the purpose of making a recommendation to the court on the parenting time and decision-making arrangements that will serve the best interests of the child. C.R.S. § 14-10-127. An evaluation is intended to assist the court in making decisions and not to replace or limit the parties' rights to present their case to the court. Anderson v. Anderson, 445 P.2d 397, 399 (Colo. 1968). It is good practice to include that the evaluation and the recommendations also address follow-up treatments, therapies, and intervention of the parents and/or child, in the best interests of the child.

The evaluation process allows an experienced professional to investigate how a parent's actions, limits, and challenges have affected, and likely will affect, the well-being of the child and how the parent is likely to respond to the child's needs in the future, and make recommendations as to how the future best interests of the child can be served through an order allocating parental responsibilities.

§ 4.8.2—Statutory Authority

Colorado law provides that the court may, upon motion of either party, or upon its own motion, order the court probation department, any county or district social services department, or a qualified licensed mental health professional to perform an evaluation and file a report concerning the disputed issues relating to the allocation of parental responsibilities, including decision-making or parenting time arrangements for the child, unless such motion, by either party, is made for the purposes of delay. C.R.S. § 14-10-127(1)(a)(I). This section applies to all disputed cases in which the trial court must allocate parenting time or decision-making, including when a court is asked to rule on the intended relocation of one of the parties. In re Marriage of Hall, 241 P.3d 540 (Colo. 2010).

In determining whether to order an evaluation, the court shall consider whether an investigation by a CFI would be sufficient or appropriate given the scope or nature of the disputed issues, whether an evaluation is necessary to assist the court in determining the best interests of the child, and whether involving the child in an evaluation is in the best interests of the child. C.R.S. §§ 14-10-127(1)(a)(I.3)(A), (B), and (C).

§ 4.8.3—Choosing an Evaluator

Once a party has determined that an evaluation would be helpful, an evaluator must be chosen. In many cases, the parties to an action involving disputed children's issues can agree that an evaluation will be helpful and can agree on an evaluator. In those cases, the motion for an evaluation should include the parties' choice of evaluator and a request that the court approve that choice. In other cases, the parties will not be able to agree either on the need for an evaluation or on the appropriate evaluator. In such cases, a party may suggest appointment of a certain evaluator in the motion for an evaluation. The suggestion may include one or several evaluators from whom the court may choose.

Practice Pointer
One of the most important services provided to a client is assistance in choosing an evaluator. An evaluator should not be proposed to the court unless careful research has been done on the evaluator's background. The evaluator should be familiar with professional standards and statutory requirements concerning evaluations. The evaluator should have adequate experience in conducting evaluations and in testifying in court. The practitioner should explore whether the evaluator has

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