Child custody in Vermont

What the law tells the judge to look at

In the order the law lists them.

1. Your child's relationship with each parent, and each parent's ability and willingness to give the child love, affection, and guidance.15 V.S.A. § 665(b)(1)
2. Each parent's ability and willingness to make sure your child has enough food, clothing, medical care, other material needs, and a safe home.15 V.S.A. § 665(b)(2)
3. Each parent's ability and willingness to meet your child's present and future developmental needs.15 V.S.A. § 665(b)(3)
4. How well your child is adjusted to the present home, school, and community, and how a change might affect the child.15 V.S.A. § 665(b)(4)
5. Each parent's ability and willingness to support a positive relationship and frequent, continuing contact, including in-person time, with the other parent, unless contact would harm the child or a parent.15 V.S.A. § 665(b)(5)
6. The quality of your child's relationship with the primary care provider, if that fits the child's age and development.15 V.S.A. § 665(b)(6)
7. Your child's relationship with any other person who may strongly affect the child.15 V.S.A. § 665(b)(7)
8. If parental rights will be shared or divided, how well the parents can communicate, cooperate, and make decisions together.15 V.S.A. § 665(b)(8)
9. Evidence of abuse, and how the abuse affects the child and the child's relationship with the abusing parent.15 V.S.A. § 665(b)(9)

Other things the judge considers

• State policy is that, after parents separate, children should have the chance for maximum continuing physical and emotional contact with both parents, unless physical harm or significant emotional harm to the child or a parent is likely.15 V.S.A. § 650
• A parent's conduct that is not related to the factors can be used only if it affects that parent's relationship with the child.15 V.S.A. § 667(a)
• If a parent was convicted of sexually assaulting the other parent and the child was conceived from it, or of trafficking the other parent, the judge can give sole parental rights to the victim parent and deny all contact. A conviction is not always needed if the evidence is clear and convincing.15 V.S.A. § 665(f)

What the judge may not consider

The judge may not prefer one parent because of the child's sex, the parent's sex, or a parent's financial resources (15 V.S.A. § 665(c)).

Joint custody

The judge cannot order shared or divided parental rights unless both parents agree. If parents cannot agree to share or divide them, the judge must give parental rights and responsibilities mainly or only to one parent. An agreement between parents that shares or divides parental rights is presumed to be in the child's best interest, but the judge must reject it if it is not in the child's best interest or was not made voluntarily.

Domestic violence

Evidence of abuse is one of the factors. If a parent was convicted of domestic assault against the other parent, or was found to have abused a family or household member, in the last 10 years, the judge can allow that parent contact only if the child and the victim parent can be kept safe. The judge can order safe exchanges, supervised visits, an intervention program or counseling, no alcohol or drugs before and during visits (if they were involved in the abuse), no overnights, or other safety conditions, and can keep addresses confidential. There is no presumption against custody to a parent who committed abuse.

Establishing paternity

How

If both parents agree, you can sign a Voluntary Acknowledgment of Parentage (VAP). The parent who gave birth and the other parent both sign, with at least one witness. It is available at hospitals and birthing centers, Office of Child Support offices, the courts, and online. It must be filed with the Vermont Department of Health to take effect. Once filed, it has the same effect as a court order of parentage. Either signer can cancel it within 60 days by filing a Rescission or Removal form with the Department of Health, or by starting a court case. After that, it can be challenged only for fraud, duress, or a material mistake of fact, within 2 years. You can also file a parentage case in court.

Form

Voluntary Acknowledgment of Parentage (VAP)

Cancelling it

Rescission or Removal of Acknowledgment or Denial of Parentage (Vermont Department of Health form), within 60 days

Agency

Vermont Department for Children and Families, Office of Child Support (Establish Legal Parentage); filed with the Vermont Department of Health, Vital Records
https://dcf.vermont.gov/services/child-support/parentage

Changing an order

You can ask to change a parental rights or parent-child contact order with a Motion to Modify (form 400-00843). You must show a real, substantial, and unanticipated change of circumstances since the order, and the change must be in your child's best interest. This applies even if the order was based on an agreement.

Law: 15 V.S.A. § 668

If the other parent does not follow the order

If the other parent does not follow the order, you can file a Motion to Enforce (form 400-00905). When contact was refused, the court must hold a hearing within 30 days of service and, unless it is not in the child's best interest, order make-up time for the time wrongly denied. A parent cannot refuse contact because support was not paid, and a parent cannot stop paying support because contact was refused. The judge can find a parent in contempt, award attorney's fees and costs, or change the contact order if that is in the child's best interest.

Law: 15 V.S.A. § 668a

Grandparent visitation

Yes, in two ways.

• In a divorce or custody case that is already in court, a grandparent can make a written request for visits. The judge can grant them if in the child's best interest. The grandparent does not become a party and cannot appeal.
• If a parent has died, cannot make decisions because of physical or mental incapacity, or has abandoned the child, a grandparent can file a separate case in Superior Court against the child's custodian.

The judge grants reasonable visits if in the child's best interest, looking at the emotional ties, each person's capacity to give love and guidance, the relationship, moral fitness, health, the child's reasonable preference, and the grandparent's willingness to support the child's other relationships. If a petition is denied with prejudice, a new one usually cannot be filed for one year. An order ends if the child is adopted, unless by a stepparent, grandparent, or other relative.

Custody and visitation in the order

Yes. A temporary RFA order, made without notice to the other parent, can award temporary custody of minor children. A final order can give temporary parental rights and responsibilities and set parent-child contact with safety conditions. There is no filing fee, and you can apply after hours.