Focused Advocacy for the Best Interests of the Child
In high-conflict or complex Colorado family law cases, the court may appoint a Child Legal Representative (CLR) to give a voice to the child’s best interests. This is a specialized role requiring legal skill, discretion, and a profound commitment to the well-being of the child at the center of the dispute. H&H Law provides experienced, dedicated, and effective CLR services for sensitive domestic relations matters.
What is a Child Legal Representative (CLR) in Colorado?
A Child Legal Representative is an attorney appointed by the court under C.R.S. § 14-10-116 to represent the best interests of a minor child in a legal proceeding concerning the allocation of parental responsibilities.
The CLR’s primary duty is to advocate for what is in the child’s best interests, which may or may not be the same as the child’s expressed wishes. For example, a teenager might wish to live with a parent who provides less supervision, but the CLR is obligated to investigate and recommend the environment that best supports the child’s safety, development, and overall welfare.
The Role and Authority of a CLR
Unlike a neutral investigator, a CLR is an active participant and advocate in the case. Once appointed, the CLR has the same authority and responsibilities as an attorney for a party.
The CLR’s duties include:
- Investigating: Independently investigating the facts of the case relevant to the child’s best interests.
- Participating: Taking part in all hearings, depositions, and settlement negotiations.
- Advocating: Examining and cross-examining witnesses and submitting evidence.
- Recommending: Making specific, evidence-based recommendations to the court regarding parental responsibilities, parenting time, and decision-making.
While the court makes the final decision, it gives significant weight to the recommendations of the CLR.
Key Distinction: CLR vs. Child and Family Investigator (CFI)
Parties often confuse the roles of a CLR and a Child and Family Investigator (CFI). The distinction is critical:
- Child Legal Representative (CLR): An attorney who serves as an advocatefor the child’s best interests. The CLR takes a legal position and argues it before the court. Communications with the child are privileged.
- Child and Family Investigator (CFI): A neutral expert who investigates the family dynamic and submits a written report and recommendations to the court. A CFI can be called to testify and be cross-examined by all parties, including the CLR.
When Should a CLR Be Appointed?
The court may appoint a CLR upon the motion of either party or on its own initiative. An appointment is most common in cases involving:
- High-Conflict Disputes: When parents are unable to cooperate or communicate effectively.
- Serious Allegations: Concerns regarding child abuse, neglect, substance abuse, or domestic violence.
- Complex Needs: A child with special physical, mental, or developmental needs.
- Child’s Wishes: A mature child whose wishes regarding parenting time warrant confidential and careful consideration.
Our Approach: Diligent, Sensitive, and Child-Focused
As experienced family law attorneys, we understand the delicate nature of cases involving children. When serving as a CLR, we are guided by a commitment to:
- Thorough Investigation: We diligently gather information from all relevant sources, including the parties, the child, and collateral contacts like teachers and therapists.
- Child-Centered Advocacy: We ensure the child’s needs and best interests remain the central focus throughout the litigation.
- Constructive Resolution: Where possible, we leverage the CLR’s unique position to help facilitate settlement and reduce conflict for the benefit of the child.
Contact Us
If you are involved in a custody dispute where the appointment of a Child Legal Representative may be beneficial, contact our office 719-626-4661 or contact us online to discuss how we can assist.
