Vermont child custody laws are found in Chapter 11 of Title 15. These are the important rules and guidelines that govern custody matters in the state. If you are a parent in Vermont in a custody situation, you need to learn these laws, especially as they apply to the making of a Vermont custody agreement.
No Preference for Custody
Chapter 11 specifically states that the state does not grant preference for custody to either parent based on the gender of the parent. This means that the mother and father have an equal right to custody in the state. A Vermont custody schedule should not be based on the gender of the parents. Instead the parents should base the parenting time on what the child needs.
Court has Authority to Make Custody Decisions
Parents in the state are encouraged to work together to make a Vermont parenting plan. These includes information about parenting time, a holiday schedule, how the parents will share parenting responsibility, etc. When the parents are able to agree, the court will accept their plan. If the plan is contested, the state gives authority to the court to decide on the plan. The court can accept either parent’s proposed plan, create an entire new plan, or combine elements of the parents’ plans.
Best Interest of the Child
The court makes all custody decisions in the best interest of the child. The mother and father should also use this standard as they make the Vermont visitation schedule. Here are some factors to consider that affect the best interest of the child:
- The relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection and guidance;
- The ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment;
- The ability and disposition of each parent to meet the child’s present and future developmental needs;
- The quality of the child’s adjustment to the child’s present housing, school and community and the potential effect of any change;
- The ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a 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 and disposition of the parents to communicate, cooperate with each other and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided; and
- Evidence of abuse, as defined in section 1101 of this title, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.