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Dr. Lisa Marie Bobby is a licensed psychologist, licensed marriage and family therapist, board-certified coach, AAMFT clinical supervisor, host of the Love, Happiness, and Success Podcast and founder of Growing Self.
Navigating the world of custody disputes is not for the faint of heart. It’s messy, emotional, and often feels like a maze with no clear path forward. And when the court gets involved—particularly through a Child and Family Investigator (CFI)—things can get even more complicated. A CFI is tasked with assessing the family situation and making recommendations that the court relies on to determine what’s “best” for the child.
But here’s the kicker: CFIs hold a lot of power in these situations. Sometimes too much. And when they’re unqualified, biased, or simply ineffective, their recommendations can end up doing more harm than good, especially to children and the protective parent.
On this episode of Love Happiness and Success For Therapists, I chatted with Stephanie Randall, a family law attorney and a highly experienced child and family investigator. She shared why it’s crucial for those of us in roles like therapists or coaches, who support clients through these turbulent times, to understand how the CFI process works, where the pitfalls are, what a clinician’s role is in CFI investigations, and why collaboration with attorneys is non-negotiable. Let’s dive in.
What Exactly Is the CFI Process?
The job of a Child and Family Investigator is to take a deep dive into the family dynamics and make recommendations to the court about what custody and parenting time arrangement would serve the best interests of the child. Their investigation might include:
- Interviews with parents, children, and key individuals (like teachers, therapists, and relatives).
- Observations of interactions between parents and children.
- Reviews of school records, medical documents, and other relevant material.
- A final report that the court takes seriously—sometimes too seriously.
On paper, it sounds thorough. But in practice, CFIs can be underqualified, rushed, or influenced by biases that distort the process. More on that later.
The Therapist’s Role: Navigating the Emotional Minefield
If you’re a therapist working with a parent (or child) going through a CFI investigation, you already know how intense the emotional stakes are. Your client might be dealing with an abusive co-parent, or perhaps they’re just overwhelmed by the high-conflict situation. Either way, your role as a therapist in CFI investigation cases is to provide emotional stability.
You can’t influence the legal process, but you can help your client stay grounded as they move through it. Here’s where you’re needed most:
- Keeping emotions in check: High-stakes situations lead to high emotions. Parents need tools to manage anxiety, frustration, and the inevitable feelings of powerlessness.
- Preparing for interviews: Clients often need help preparing emotionally for their CFI interviews. You can’t coach them on what to say, but you can help them remain calm and composed.
- Supporting the child: If you’re working with the child, your job is to provide emotional safety. The child may be interviewed, and ensuring they feel supported through this unfamiliar process is crucial.
But there’s a real challenge here. Therapists don’t always have clarity about how the legal system works. You’re an expert in emotional well-being, not legal procedures, and this lack of clarity can leave both you and your client feeling uncertain. That’s why it’s essential to collaborate with attorneys.
The Power of Collaboration: Why Therapists and Attorneys Need to Team Up
Here’s a simple truth: Therapists are not lawyers. Your expertise is in emotional and psychological health, not the nuances of the legal system. And that’s okay. You don’t need to be an expert in both. But what you do need is a strong partnership with your client’s attorney.
Why? Because when you combine your emotional support with the legal strategy of an attorney, you create a much more robust support system for your client. Attorneys can help you understand the legal roadblocks, the deadlines, and the procedural requirements that may be affecting your client’s emotional state. Meanwhile, you can help your client stay centered and avoid making emotional decisions that could hurt their case.
Effective collaboration between therapists and attorneys ensures that:
- Clients are fully supported: Emotionally and legally, your client is in good hands when both sides work together.
- Everyone stays in their lane: You handle the emotional well-being, and the attorney handles the legal strategy. When everyone knows their role, the process becomes smoother for the client.
- Clear communication prevents surprises: Surprises in the legal world rarely end well. Regular communication between the therapist and attorney helps manage expectations and keep the client informed.
The Dark Side of CFIs: Unqualified, Biased, or Ineffective Investigators
Here’s where it gets tricky. The CFI is supposed to be an impartial, well-trained professional who does a thorough job of investigating the family and making recommendations. But what happens when they’re not?
In recent years, there’s been a growing concern about CFIs who are:
- Unqualified: Some CFIs lack the proper training or experience to conduct thorough investigations. They may overlook critical aspects of the family dynamic, especially in cases involving domestic abuse or coercive control.
- Biased: Implicit biases about gender roles or traditional family dynamics can seep into their recommendations. If a CFI favors one parent over the other for the wrong reasons, it can result in a harmful custody arrangement.
- Ineffective: Some CFIs fail to do their due diligence. They skip important interviews, neglect to gather comprehensive data, or rely on outdated or incomplete information.
The worst part? The court often treats the CFI’s recommendations as gospel. Judges may defer to the CFI’s report without digging deeper, and that’s where real damage can happen—especially to kids and protective parents. When a CFI gets it wrong, the consequences can last a lifetime. Check out this article for one mother’s experience with a harmful parental investigator.
The Need for Checks and Balances
When a system gives one person (in this case, the CFI) significant power over the outcome of a custody dispute, there must be checks and balances to ensure they’re doing their job properly.
Here’s what needs to happen:
- Stricter qualifications: CFIs should be required to have more extensive training, particularly in handling complex family dynamics, abuse cases, and the developmental needs of children.
- Accountability: Courts need mechanisms to review CFI reports more critically. If a CFI’s investigation is incomplete or biased, there must be a way to challenge their findings.
- Collaborative oversight: CFIs should collaborate with mental health professionals who understand the emotional and psychological complexities of high-conflict custody situations. This would bring a more nuanced perspective to their evaluations.
Final Thoughts on the CFI Process
The CFI process can be a lifeline for children stuck in high-conflict custody disputes—or it can be a wrecking ball. The difference often lies in the quality and integrity of the CFI, and whether there are enough checks in place to ensure they’re doing their job properly.
As a therapist, your role in this process is vital, but it’s not enough to navigate it alone. You need to work closely with attorneys to ensure your client is supported emotionally and legally. And as we continue to see the negative impact of unqualified or biased CFIs, it’s more important than ever to advocate for better oversight and accountability in this process.
Because at the end of the day, it’s not just about winning a legal battle. It’s about protecting the children and families who are caught in the crossfire.
Xoxo,
Dr. Lisa Marie Bobby
Resources:
Bassett, J. D., & Johnson, J. A. (2004). The role of clinical consultation in child protection investigations. Smith College Studies in Social Work, 74(3), 489-504.
Greenberg, S. A., & Shuman, D. W. (2019). Irreconcilable conflict between therapeutic and forensic roles. In Clinical Forensic Psychology and Law (pp. 491-498).
Routledge.Melton, G. B., & Limber, S. (1989). Psychologists’ involvement in cases of child maltreatment: Limits of role and expertise. American Psychologist, 44(9), 1225.