Child Custody in Vermont

Overview of Vermont Custody Law

Vermont addresses child custody under 15 V.S.A. Sections 650 through 670, using the terms “parental rights and responsibilities” rather than “custody” and “visitation.” The court’s governing standard in all custody determinations is the best interests of the child. Vermont law does not presume that any particular arrangement is in every child’s best interest, and the court evaluates each case on its individual facts without favoring one parent over the other on the basis of gender.

For a broader overview of custody frameworks, see our guide on child custody laws explained.

Types of Custody in Vermont

Vermont uses distinct terminology for custody arrangements:

• Sole Parental Rights and Responsibilities — One parent has the exclusive right to make major decisions about the child’s upbringing, including education, health care, and religious training. The child resides primarily with this parent.
• Shared Parental Rights and Responsibilities — Both parents share decision-making authority and the child spends significant time with each parent. Shared parental rights and responsibilities require that the parents demonstrate the ability to communicate and cooperate in the child’s best interest.
• Parent-Child Contact — The noncustodial parent has a right to regular and meaningful contact with the child, commonly referred to as visitation in other jurisdictions. The court establishes a schedule that serves the child’s best interests.

Vermont law emphasizes the importance of both parents maintaining a meaningful relationship with the child, and the court’s primary objective is to serve the child’s developmental and emotional needs.

Best Interests Factors

Under 15 V.S.A. Section 665, the court considers the following factors when determining parental rights and responsibilities:

• The relationship of the child with each parent and the ability of each parent to provide love, affection, and guidance
• The ability of each parent to assure that the child receives adequate food, clothing, medical care, and a safe environment
• The ability of each parent to meet the child’s present and future developmental needs
• The quality of the child’s adjustment to present housing, school, and community, and the potential effect of any change
• The ability of each parent to foster a positive relationship and frequent contact with the other parent
• The quality of the child’s relationship with the primary care provider, if appropriate given the child’s age and development
• The relationship of the child with any other person who may significantly affect the child
• The ability of the parents to communicate, cooperate, and make joint decisions
• Any evidence of abuse or the effect of abuse on the child or on the relationship between the child and the abusing parent
• The child’s wishes, if the child is of suitable age and maturity

Mandatory Mediation

Vermont requires mediation in contested custody disputes. Under 15 V.S.A. Section 663, the court must refer the parties to mediation before a contested hearing on parental rights and responsibilities, unless there is a showing of domestic abuse or other circumstances that would make mediation inappropriate. The goal of mediation is to help parents reach a voluntary agreement that serves the child’s best interests. If mediation does not produce an agreement, the case proceeds to a hearing before the court.

Child’s Preference

Vermont does not set a specific age at which a child may choose which parent to live with. The statute provides that the court may consider the child’s wishes if the child is of suitable age and maturity. In practice, Vermont courts give increasing weight to the child’s expressed preferences as the child demonstrates the capacity for independent reasoning. The court may interview the child or appoint a guardian ad litem to represent the child’s interests.

Relocation

Under 15 V.S.A. Section 668, a parent who wishes to relocate must provide reasonable notice to the other parent. Vermont does not specify a fixed number of days for advance notice, but the relocating parent must allow sufficient time for the other parent to seek a modification of the parental rights and responsibilities order if necessary. The court evaluates the proposed relocation under the best interests factors, considering the reason for the move, its impact on the child’s relationships, and the feasibility of maintaining meaningful contact with both parents.

Grandparent Visitation

Under 15 V.S.A. Section 1013, grandparents may petition for visitation rights. The court may grant visitation if it finds that a significant relationship exists between the grandparent and the child and that visitation is in the child’s best interest. The court gives appropriate weight to the decisions of fit custodial parents regarding grandparent access, consistent with the U.S. Supreme Court’s guidance in Troxel v. Granville.

When to Seek Legal Help

Vermont’s parental rights and responsibilities framework involves a detailed best interests analysis and mandatory mediation. Whether you are establishing an initial custody arrangement, responding to a relocation, or seeking a modification, consider scheduling a free consultation to discuss your situation with an experienced family law attorney.