About a month after I filed for divorce, I showed up at the Initial Status Conference (ISC) and was blindsided by the question “will you be appointing a Child and Family Investigator (CFI)?” The judge asked us to make a decision by XYZ date and file the decision with the courts. This added an entirely new level of stress to my plate. It was something that I tossed around in my head for the last few weeks, but once I was given that deadline, it became a much bigger deal.
A CFI is appointed during a divorce when the parties cannot agree on a parenting plan. The CFI conducts an investigation and provides a detailed report to the court in which they recommend what they believe is in the best interest of the child(ren).
We ultimately didn’t end up going through with the CFI. My ex-husband bullied me into hiring the CFI, and once he realized I wasn’t bluffing and was ready to go to court, he quickly withdrew and we were able to dismiss the CFI. As long as you dismiss the CFI before you’ve signed the paperwork, the courts will generally grant you this change.
To prevent you from being blindsided like I was, I’ve listed several things to consider when deciding if you should hire a CFI.
- It will cost you about $3000. They bill about $250 per hour but the initial retainer fee is close to $3000. Typically speaking, each party pays half of the cost.
- The process is lengthy. They are generally scheduled about a month out so it could take a month or so before they get to your case. Once they start their investigation, it could take a couple of months. So this can add months to your divorce.
- Witnesses will need to be identified and then they will fill out paperwork for the CFI to take into consideration. The witness will need to state how long he/she has known each parent and the child(ren), how often he/she sees the child(ren), as well as anything else the CFI would like to know.
- Once you have made the decision to hire a CFI, you will be required to fill out lengthy paperwork. Some examples for what you will need to reveal include: your wishes for parenting time, the child’s adjustment to his or her home or school, the physical proximity of the parents, the presence of domestic violence or child abuse, medical conditions your child(ren) may have, whether or not you see a therapist, present or past drug use, and the list goes on and on. It’s a pretty thorough process
- I struggled with getting a clear idea as to whether or not the CFI would take into account drug use, his inability to be a father, or his unstable job status. What is the point in appointing a CFI if they use a generic method for assigning run-of-the-mill parenting time? So this may be something you could dig into. I never had a full understanding for this because my attorney said we could bring up my concerns, but she also said I shouldn’t say anything bad about my ex. Well, it is pretty difficult to say anything good about him right now with all of his shortcomings.
- If you hire a CFI, make sure you prep for the investigation. If you’re working with an attorney, they likely have someone on staff to coach you. So be sure to ask about this.
- Another critical piece of information you will need to disclose is ALL arrests, plea bargains, criminal convictions, and charges (regardless of the outcome). This may be a misdemeanor and something very minor, however, even if the courts threw it out and “sealed” your record, you must disclose it.
- I think my biggest concern with hiring the CFI was that he would meet my ex and think he was this standup guy. He comes off like Eddie Haskell. No one would ever believe he would be doing drugs, have a drinking problem, cuss out his 4 week old for not burping on cue, or verbally abuse his wife. These days, I believe the courts are a little more pro-dad than they used to be. I know there are so many wonderful fathers out there, as well as inadequate mothers. I know that not all great parents are the moms, but it was a huge concern of mine that the CFI would allot my ex more time than he deserved or could handle. I think this is the biggest risk in hiring a CFI. You both will have to live with the fact that some outsider who doesn’t know you or your child(ren) will be deciding your parenting time. If there is enough evidence to support your case for why you should be the primary caregiver, there may be a good chance that the CFI will agree with you.
While I cannot make this decision for you, I hope this brief introduction to CFI’s will help you start your research and make your decision clear. Good luck!
