Child Custody Laws in Vermont

Vermont calls custody "parental rights and responsibilities" and "parent-child contact." The court decides based on the child's best interests and must consider at least: the child's relationship with each parent; each parent's ability to provide food, clothing, medical care and a safe environment; ability to meet developmental needs; the child's adjustment to home, school and community; each parent's willingness to foster contact with the other parent; the relationship with the primary care provider; relationships with others; the parents' ability to communicate and decide jointly when rights are shared; and evidence of abuse. If the parents cannot agree to share or divide rights and responsibilities, the court must award them primarily or solely to one parent. The court may not prefer a parent based on sex or financial resources.

In the Family Division, a party who has filed a motion about parental rights and responsibilities (custody) or parent-child contact can also file a Motion for Emergency Relief, which is not filed on its own but asks the court to consider the other motion on an emergency basis. On the form, the person can ask for a hearing as soon as possible and/or ask the court to immediately issue an emergency order protecting the person or children (or property) until the hearing, and must complete a supplemental affidavit explaining any immediate threat of personal injury to the person or child.

Yes. Parents with minor children involved in divorce, parentage, separation, civil union dissolution and changes in parental rights and responsibilities are required by Vermont judges to attend the COPE (Coping with Separation and Divorce) parenting seminar, a four-hour online class run by UVM Extension. Mediation is available through the Family Mediation Program, which offers subsidized services to qualifying people.