DOES YOUR CHILD NEED A LAWYER IN A COLORADO DIVORCE?
Most children in a Colorado divorce do not have their own lawyer, and a parent does not hire one for them. Instead, in a divorce or any case allocating parental responsibilities, the court may appoint someone to look out for the child: a child's legal representative, a child and family investigator, or a parental responsibilities evaluator.
All three focus on the child's best interests, which is not always the same as what the child says they want. They differ in who they are, what they do, whether they testify, and who pays.
This guide explains each role under Colorado law, when the court appoints one, what it costs, and why the term guardian ad litem usually belongs to a different kind of case.
TABLE OF CONTENTS
- Who the Court Can Appoint for a Child
- The Child's Legal Representative
- The Child and Family Investigator
- The Parental Responsibilities Evaluator
- Best Interests, Not the Child's Wishes
- Who Pays for These Appointments
- What About a Guardian Ad Litem?
- When to Ask for an Appointment
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
WHO THE COURT CAN APPOINT FOR A CHILD
Colorado's Uniform Dissolution of Marriage Act gives the court three main options. The court can make any of these appointments on a party's motion or on its own, and none is automatic.
| Role | Statute | Who serves | Main job | Testifies? |
|---|---|---|---|---|
| Child's legal representative | C.R.S. 14-10-116 | A Colorado-licensed attorney | Represents the child's best interests in the case | No, may not be called as a witness |
| Child and family investigator | C.R.S. 14-10-116.5 | An attorney, mental health professional, or other qualified person on the court's roster | Investigates and writes a report with recommendations | May testify about the report |
| Parental responsibilities evaluator | C.R.S. 14-10-127 | A licensed mental health professional, or qualified county department staff | Conducts an in-depth evaluation and writes a report | Any party may call the evaluator for cross-examination |
The same person cannot serve as both the child's legal representative and the child and family investigator in a case. Each appointee must disclose any family, financial, or social relationship with the parties, the lawyers, or the judge within seven days, and a party then has seven days to object.
THE CHILD'S LEGAL REPRESENTATIVE
Under C.R.S. 14-10-116, the court may appoint a child's legal representative, often called a CLR, in any domestic relations case involving parental responsibilities. The CLR must be an attorney in good standing licensed in Colorado.
The CLR represents the child's best interests on parenting time, decision-making, support, and any other issue affecting the child, and actively participates in all parts of the case that involve the child. The CLR presents that position as an advocate, through evidence and recommendations, and may not be called as a witness.
The CLR must ask about and consider the child's wishes but is not required to adopt them unless they serve the child's best interests. The CLR follows the Colorado Rules of Professional Conduct and the chief justice directives that apply, including domestic violence training requirements.
THE CHILD AND FAMILY INVESTIGATOR
Under C.R.S. 14-10-116.5, a child and family investigator, or CFI, is a neutral person the court appoints to investigate and report on the child's best interests. The appointment order sets out the CFI's specific duties.
A CFI may be an attorney, a mental health professional, or another person with appropriate training, chosen from a roster set by Chief Justice Directive 04-08. Before appointing someone, the court must find the person competent in domestic violence, coercive control, child abuse, and child sexual abuse, and CFIs must complete at least 20 hours of initial training and 15 hours every five years.
What the CFI Produces
Unless the court orders otherwise, the CFI writes a report with independent recommendations and options that serve the child's best interests. If the child has expressed wishes, the report must disclose them. It must also include all information the CFI learns about domestic violence and child abuse, regardless of who provided it, including the child.
Under the directive, the report is due when the appointment order says, or at least 35 days before the hearing if the order sets no date. The CFI may testify about the report if the court finds the CFI qualified, and parties may then question the CFI. The court must consider the whole report and all the testimony before adopting any recommendation.
Disclosures and Complaints
Before starting work, a CFI must give each party a written disclosure of the CFI's duties and limits, training compliance, and how to file a complaint. Under Chief Justice Directive 04-08, a party with a complaint must first ask the judge for preliminary findings within 60 days after the appointment ends, and must file the complaint with the State Court Administrator's Office within six months after the appointment ends. Disagreement with the CFI's recommendations alone is not grounds for a complaint.
THE PARENTAL RESPONSIBILITIES EVALUATOR
A parental responsibilities evaluation under C.R.S. 14-10-127 is the most in-depth option. Before ordering one, the court considers whether a CFI would be enough, whether an evaluation is necessary, and whether involving the child is in the child's best interests. The court may decline a request made to delay the case.
The evaluator, often called a PRE, must be a licensed mental health professional qualified by training and experience, or a county department of human services. The evaluator assesses each parent's parenting attributes and the child's psychological needs, may consult anyone with relevant information, and can obtain information from the child's past medical, mental health, and educational providers. If the child is 15 or older, the child's consent is generally required for those records.
The written report must be mailed to the court and counsel at least 21 days before the hearing. Any party may call the evaluator, and anyone the evaluator consulted, for cross-examination. Evaluations and reports are confidential without a motion to seal.
A party who disagrees may request a supplemental evaluation by a different evaluator, at that party's initial cost. The court must deny the request in listed situations, such as when it is sought for delay or to harass.
BEST INTERESTS, NOT THE CHILD'S WISHES
None of these professionals is the child's mouthpiece. Each one works toward the child's best interests under C.R.S. 14-10-124, which gives paramount consideration to the child's safety and needs.
The child's wishes still count. The court considers the wishes of a child who is sufficiently mature to express reasoned and independent preferences, and Colorado sets no age at which a child decides. Our article on whether a child can choose which parent to live with in Colorado explains how that works.
The judge can also hear from the child directly. Under C.R.S. 14-10-126, on a party's motion the court may interview the child in chambers, a record of the interview is made, and the court must explain why it granted or denied the request. In deciding the request, the court gives paramount consideration to any allegation of domestic violence, child abuse or neglect, or child sexual abuse made by the child.
WHO PAYS FOR THESE APPOINTMENTS
The parents usually pay. The court orders one or both parties to pay the costs of a CLR or CFI, and for an evaluator it orders one or more parties to deposit funds and may later divide the reasonable charges between them.
- CFI fee cap. Under Chief Justice Directive 04-08, as amended effective August 26, 2026, the presumptive maximum for a privately paid CFI's investigation and report is $3,309 per appointment, plus a presumptive maximum of $500 for testimony and preparation. A court can approve fees above either cap only in advance, by written order with specific findings of extraordinary circumstances.
- Parents who cannot pay. When the responsible parties are indigent, the state pays for a CLR or CFI. In a divorce or legal separation, before the decree, the state pays only if both spouses are found indigent. Between unmarried parents, the court must try to divide the costs to minimize the state's share.
- Who administers state payment. The State Court Administrator's Office pays state-funded CFIs. State-funded CLRs are paid through the Office of the Child's Representative under Chief Justice Directive 04-06.
- Evaluator fees. The court may cap an evaluator's fees under a chief justice directive, and the evaluator must disclose billing practices and rates in writing before starting.
Fees are set by directive and can change, so check the current directive or ask your attorney before a hearing on an appointment.
WHAT ABOUT A GUARDIAN AD LITEM?
Many people, and many older articles, use guardian ad litem to mean any lawyer for a child. In Colorado, the guardian ad litem is mainly a Children's Code role. Under C.R.S. 19-3-203, once a dependency and neglect petition alleging abuse or neglect is filed, the court must appoint a guardian ad litem for a child under 12 and counsel for youth for a child 12 or older.
In a divorce or a case between unmarried parents, the usual appointments are the CLR, the CFI, and the PRE described above. Chief Justice Directive 04-06 reflects the same split: guardians ad litem in dependency cases, and child's legal representatives in domestic relations cases.
WHEN TO ASK FOR AN APPOINTMENT
Because appointments cost money and add time, they make the most sense when the court needs information or a voice it would not otherwise get. Situations where a parent may consider asking include:
- Allegations of domestic violence, child abuse, or substance abuse. Our article on how domestic violence affects child custody explains the rules that apply.
- A child who is expressing strong preferences, or who seems to be caught in the middle.
- A proposed move that would change the child's schedule significantly.
- A child with significant medical, educational, or emotional needs that the parents see differently.
- Parents who give the court sharply different accounts of the child's life.
A motion for an appointment should explain why the appointment would help the court and which role fits. Our overview of Colorado custody laws explains the wider process, and our Colorado Springs child custody lawyers can tell you whether a CLR, CFI, or PRE makes sense in your case.
FREQUENTLY ASKED QUESTIONS
Can I Hire a Lawyer for My Child in a Colorado Divorce?
Not in the usual sense. In Colorado, the court appoints a child's legal representative on a party's motion or on its own, and that attorney represents the child's best interests rather than either parent.
Does the Child's Legal Representative Do What My Child Wants?
Not necessarily. A Colorado child's legal representative must ask about and consider the child's wishes but advocates for the child's best interests, and need not adopt the child's wishes unless they serve those interests.
How Much Does a Child and Family Investigator Cost in Colorado?
Under Chief Justice Directive 04-08, as amended effective August 26, 2026, the presumptive maximum for a privately paid CFI is $3,309 per appointment for the investigation and report, plus $500 for testimony and preparation, unless the court approves more in advance on findings of extraordinary circumstances. The state pays when the responsible parties are found indigent.
Is a Guardian Ad Litem the Same as a Child's Legal Representative?
No. A guardian ad litem is appointed mainly in dependency and neglect cases under the Children's Code. In a divorce, the court appoints a child's legal representative, a child and family investigator, or a parental responsibilities evaluator.
Can the Judge Talk to My Child Directly?
Yes. In Colorado, on a party's motion the court may interview the child in chambers, with a record made of the interview, and it must explain in its order why it granted or denied the request.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Whether to ask for a CLR, CFI, or evaluator is a strategic choice with real costs, and the timing matters. A Colorado Springs divorce lawyer can help you decide whether an appointment would help your child and how to ask for it.
Moran, Allen & Associates Family Law Attorneys represents parents in El Paso and Teller counties. You can learn more about our Colorado Springs family law practice, browse more family law articles for parents, call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation. Families in Teller County can also find family law help in Woodland Park and Colorado Springs on our home page.
This article is general information about Colorado law as of October 2026 and is not legal advice. Fees and court directives change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 14-10-116, Child's Legal Representative
- C.R.S. 14-10-116.5, Child and Family Investigators
- C.R.S. 14-10-127, Parental Responsibilities Evaluations and Reports
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 14-10-126, Interviews
- C.R.S. 19-3-203, Guardian ad Litem and Counsel for Youth
- Chief Justice Directive 04-08, Child and Family Investigators (amended effective August 26, 2026)
- Chief Justice Directive 04-06, Court Appointments Through the Office of the Child's Representative