Are Colorado CFIs Defaulting to 50/50 Parenting Time Recommendations?

Or worse—are we defaulting to 50/50 and calling it “neutrality”?

Colorado family law has a quiet assumption baked into it right now:

50/50 parenting time = “neutral” = “best.”

But that assumption deserves scrutiny.

In Colorado, a Child and Family Investigator (CFI) is often viewed as a neutral voice. Their recommendations can carry significant weight with the court—especially when it comes to parenting time.

And yet, in practice, many CFI reports trend toward one outcome: equal parenting time.

Why?

Because “equal” feels fair.

Because “equal” feels safe.

Because “equal” protects the appearance of impartiality.

But here’s the problem:
Neutrality is not the legal standard.
The best interests of the child are.

Last week, I litigated a case where the CFI recommended 50/50 parenting time. The issue wasn’t the recommendation itself—it was that her own data didn’t support it.

The facts didn’t justify equal time.
The analysis didn’t justify equal time.
The recommendation still landed at equal time.

We challenged it.

The court agreed.

The recommendation was not adopted.

This is the part most people don’t realize:
A CFI’s recommendation is not the final word. It is one piece of evidence.

And when a recommendation appears driven more by a default toward “fairness” than a disciplined analysis of the facts, it can—and should—be challenged.

Equal parenting time is not always best for children.

Best interests is not about what is fair for the parents.
It is about what is right for the child.

If you’re navigating a high-conflict custody case, understand this:
You do not have to accept a recommendation that does not align with the evidence.

Strategy matters. Evidence matters. Advocacy matters.

And if the facts are on your side—don’t back down.

#ColoradoDivorce #ChildCustody #FamilyLaw #LitigationStrategy #BestInterestsOfTheChild #HighConflictDivorce