A Parental Responsibilities Evaluator in Colorado is a licensed mental health professional a court appoints under C.R.S. § 14-10-127 to investigate a disputed custody case and give the judge a written recommendation on parenting time, decision-making, and related concerns about the child’s welfare. Either parent can ask for one, or the judge can order one on the court’s own motion when the parties cannot agree. The evaluator works for the court as a neutral investigator, not as anyone’s therapist or advocate.
What a PRE Actually Does
A PRE gives the judge something a hearing rarely produces: a close-up, professional look at how your family functions. The evaluator interviews each parent individually, speaks with the children when age-appropriate, visits both homes, and contacts outside sources such as teachers, pediatricians, daycare providers, and therapists. Where the case involves allegations of substance abuse or mental health concerns, the evaluator can also administer drug tests and psychological testing. Those clinical tools are the main reason a PRE exists as a separate category of appointment.
After the investigation, the evaluator files a written report with specific recommendations on parenting time, decision-making authority, therapy referrals, and any safety-related restrictions. The report goes to the court and to both sides before the hearing. Judges are not bound by the recommendations, but they tend to carry serious weight because the evaluator has spent weeks inside a family dynamic the judge sees only in snapshots.
PRE or Child and Family Investigator: Which One Fits Your Case
Colorado uses two types of court-appointed investigators in custody disputes, and the choice matters. A Child and Family Investigator (CFI) is the more common, lighter-touch option. CFIs do not have to be mental health professionals; they complete an eligibility affidavit, pass a background check, and finish mandatory training through the Colorado Judicial Department, but they cannot perform psychological or drug testing.1Colorado Judicial Branch. CJD 04-08 Concerning Child and Family Investigators
A PRE must be a licensed mental health professional — typically a psychologist, psychiatrist, or licensed clinical social worker — and runs a deeper investigation.2Justia. Colorado Code 14-10-127 – Evaluation and Reports – Training and Qualifications of Evaluators – Disclosure – Definitions If your case involves allegations of psychological instability, substance abuse, child abuse, or sexual misconduct, a PRE is the appropriate appointment, because those issues require clinical evaluation tools a CFI cannot use. CFI investigations typically run 60 to 90 days. PRE investigations generally take about 90 days and produce a more comprehensive clinical picture. If the dispute is really about scheduling or communication, a CFI is usually enough. If there are serious safety or clinical questions, push for a PRE.
How a PRE Gets Appointed
Either parent can file a motion asking the court to appoint a PRE, both parents can stipulate jointly, or the judge can order one independently. The one hard limit in the statute: a judge will deny the motion if it was filed only to delay the proceedings.2Justia. Colorado Code 14-10-127 – Evaluation and Reports – Training and Qualifications of Evaluators – Disclosure – Definitions
The motion should clearly identify the disputed issues you want investigated: decision-making authority, parenting-time allocation, specific safety concerns. Vague motions slow everything down because the court has to guess what you need evaluated. The moving party then serves the motion on the other parent or their attorney. If the judge approves, the court issues a formal Order of Appointment giving the evaluator legal authority to access records, conduct interviews, and enter homes for observation.
The Seven-Day Disclosure and Objection Window
Within seven days of appointment, the evaluator must disclose any familial, financial, or social relationship with the child, either parent, the attorneys, or the judge. You then have seven days from that disclosure to object. The court has seven days after your objection to appoint a different evaluator or confirm the original one. If no one objects within the window, the appointment is automatically confirmed.2Justia. Colorado Code 14-10-127 – Evaluation and Reports – Training and Qualifications of Evaluators – Disclosure – Definitions Do not sit on this deadline. Once it passes, you have effectively accepted the evaluator.
The Cost Deposit at Appointment
At the time of appointment, the court orders one or both parties to deposit a reasonable sum with the court to fund the evaluator’s work. This is not a standard filing fee; it is a specific deposit for the evaluation. The court can cap the evaluator’s fees under applicable chief justice directives and reallocate costs between the parties once the evaluation is complete.3Colorado General Assembly. Colorado Revised Statutes 2024, Title 14 – Domestic Matters
What the Evaluator Is Measuring
A PRE does not just write up impressions. The evaluation is structured around the best-interest factors in C.R.S. § 14-10-124 — the same factors the judge will apply when making the custody decision. In practical terms, the evaluator is doing the judge’s homework. Those factors include each parent’s wishes, the child’s wishes if the child is mature enough to express a reasoned preference, the child’s relationships with parents and siblings, how settled the child is in home and school, the mental and physical health of everyone involved, each parent’s willingness to support the child’s relationship with the other parent, the geographic distance between the two homes, and each parent’s ability to put the child’s needs ahead of their own. A parent’s disability alone cannot justify restricting parenting time, and reluctance to support the other parent’s relationship with the child is weighed differently when it reflects protective action against domestic violence or abuse. The evaluator is also expected to assess all of this without bias related to religion, gender, gender identity, sexual orientation, culture, race, ethnicity, national origin, or disability.3Colorado General Assembly. Colorado Revised Statutes 2024, Title 14 – Domestic Matters
What the Investigation Looks Like
A PRE investigation typically takes about 90 days and runs through a predictable sequence, though the evaluator has discretion to adjust it to the issues in your case.
It starts with individual parent interviews. These are not casual conversations. The evaluator is assessing credibility, emotional regulation, and your insight into your child’s needs. Parents who spend most of their interview time attacking the other parent, rather than demonstrating their own parenting, tend to come across poorly. The evaluator has limited time and needs to hear what kind of parent you are, not just what kind of parent your ex is not.
The evaluator then interviews the children privately using age-appropriate methods. With younger children, that often means observation during play rather than direct questioning. Home visits follow, with the evaluator watching each parent interact with the child in the living environment and assessing physical conditions.
Collateral contacts fill in the picture. The evaluator speaks with teachers, pediatricians, daycare providers, therapists, and other adults with regular contact with the family. Those outside voices help verify or contradict what each parent said in their own interview. In more complex cases, the evaluator may add psychological testing to identify personality traits, mental health conditions, or substance use issues that affect parenting capacity.
The Report and Confidentiality
When the investigation ends, the evaluator writes a comprehensive report with specific recommendations on parenting time, decision-making, and any other issue the court sent them to evaluate. The evaluator must mail the report to the court, each party’s attorney, and any unrepresented party at least 21 days before the hearing.2Justia. Colorado Code 14-10-127 – Evaluation and Reports – Training and Qualifications of Evaluators – Disclosure – Definitions
The report and all related evaluations, medical information, and mental health records are confidential by default under the statute. You do not need to file a motion to seal them. The report cannot be opened to public inspection without a specific court order.2Justia. Colorado Code 14-10-127 – Evaluation and Reports – Training and Qualifications of Evaluators – Disclosure – Definitions
Along with the report, the evaluator must make the underlying data file available: raw testing data, diagnostic reports, consultation notes, and the names and addresses of everyone the evaluator consulted. That transparency gives you the material to challenge the report if the conclusions do not hold up.
How to Challenge the Findings
A PRE report is a recommendation, not a verdict. The judge decides, and the statute gives you explicit rights to contest what the evaluator concluded.
Cross-Examination
Every party has the right to call the evaluator to the stand for cross-examination, and Colorado goes a step further than most jurisdictions: you cannot waive your right to cross-examine the evaluator before the hearing.2Justia. Colorado Code 14-10-127 – Evaluation and Reports – Training and Qualifications of Evaluators – Disclosure – Definitions You can also call any person the evaluator consulted. If the evaluator leaned heavily on a teacher’s account or a therapist’s notes, you can put that person on the stand to clarify or contradict what was reported.
Rebuttal Experts
Hiring an independent mental health professional to review the PRE report is common and often effective. A rebuttal expert reviews the evaluator’s file, testing data, and methodology to identify weaknesses: a misapplied psychological test, ignored evidence, conclusions the data does not support. The rebuttal expert works from the same underlying data as the PRE, so the critique targets process and reasoning rather than offering a competing custody plan. Your attorney should obtain the evaluator’s complete file, usually through subpoena or court order, before the rebuttal expert reviews anything.
Formal Complaints
Since January 1, 2022, a party who believes the evaluator violated professional or ethical standards can file a formal complaint through the process established by the applicable chief justice directive. This is a separate track from cross-examination. It addresses evaluator misconduct, not disagreement with the recommendations.2Justia. Colorado Code 14-10-127 – Evaluation and Reports – Training and Qualifications of Evaluators – Disclosure – Definitions
What a PRE Costs
PRE evaluations are expensive. Budget accordingly. Private evaluators typically require an upfront retainer of $2,000 to $10,000, with hourly rates between $150 and $400 for interview time, document review, psychological testing, and report writing. Total cost depends heavily on case complexity. A straightforward parenting-time dispute costs far less than a case involving abuse allegations, multiple children, and extensive psychological testing.
The court orders the initial deposit at appointment and can reallocate costs between the parties once the evaluation is complete, typically based on relative income and ability to pay. If the court later orders a supplemental evaluation and finds it was necessary and materially helpful, those costs can be split between the parties as well. When the evaluation is performed by a county or district department of human services instead of a private evaluator, the cost is based on the parent’s ability to pay and assessed as part of the case costs. The court also has authority under chief justice directives to cap an evaluator’s fees, which gives some protection against runaway costs in drawn-out investigations.3Colorado General Assembly. Colorado Revised Statutes 2024, Title 14 – Domestic Matters