Filing for Custody With or Without Divorce in Vermont

Filing a petition for parental rights and responsibilities is one of the most important actions you can take. A Vermont family court will order who can make major decisions about your child, when you'll spend time with your child and who pays child support.

Follow two steps to start your case, whether you have an agreement or need a court decision.

Before you start

In Vermont, you'll hear the terms parental rights and responsibilities and parent-child contact. You may sometimes also hear child custody, and parent-time or visitation.

The parent who files is the plaintiff. The other parent is the defendant.

Generally, you need to be legally recognized as your child's parent before you can be awarded custody. An exception is when grandparents seek custody of a child; Vermont has laws about grandparents seeking custody.

If you've already received a custody order in another state and you've moved to Vermont, you can register the order in Vermont.

If you have a concern about abuse, you can apply for Relief from Abuse.

What you'll pay

If you and the other parent disagree about an issue, you might initially pay about $300 if you're divorcing or $120 if you're unmarried.

However, if you reach a stipulation (written agreement) before you file, your filing fees will be a lot cheaper. You'll likely have a cheaper, quicker legal process, too.

You may need to pay about $80 for a parent education class, Coping With Separation and Divorce (COPE). All divorcing parents must take it, and sometimes unmarried parents too. If you can't afford the filing fees or the class, apply for a fee waiver.

Your case is likely to have other fees later on. A lawyer, if you hire one, may charge a few hundred dollars an hour. You can ask about options for affordable rates.

Step 1: Completing initial paperwork

Most basic court forms are available online, and many others can be requested at the courthouse. The state gives insight on how to find and complete them. If there doesn't seem to be a form for your situation, consult a lawyer or contact the Access and Resource Center.

Self-represented people (those without a lawyer) have the option to e-file. The electronic filing system is eFile & Serve (EFS), also known as eFileVT. You may also hear its former name, Odyssey File & Serve (OFS).

You can also file at your local family court.

If you're divorcing

You must complete five forms. VTCourtForms is a free online tool for filling them out. File them with your county's family court.

You can open a divorce case once one of you has lived in Vermont for the past six months; however, the court won't finalize your divorce until one of you has lived in Vermont for a full year. If you have children together, there'll be a six-month waiting period from the date you file to your final hearing.

If you're not married to the other parent

You'll need forms for a parentage case. File in the Vermont county where your child lives.

If you have a civil union

Vermont may let you dissolve a civil union even if neither of you is a Vermont resident. As of 2023, Vermont is the state with the highest proportion of same-sex couple households, according to the U.S. Census Bureau, so you should be able to find an LGBT-friendly family lawyer.

Step 2: Serving the other parent and responding to service

Serving papers means formally delivering paperwork to the defendant to make them aware of the court case.

For cases that involve minor children, court staff serve the papers. They usually use certified mail, unless the plaintiff chooses another method.

If the defendant doesn't want this formality, they can waive their right to formal service by completing an Acceptance of Service form.

Once your case is open

Expect to submit a parenting plan, including a schedule for parent–child contact.

You can sign up to see your case information online in the Public Portal. Be aware that members of the public can look up some information about family cases. Your level of access to your own case is called "elevated access."

Pay attention to court communications, which may contain deadlines. Your court hearings may be remote or in person.

If you're having trouble cooperating with your co-parent, consider parent coordination, a dispute resolution method that encourages parents to resolve conflicts. You can hire a parent coordinator before, during or after your case. Parents split the cost based on their incomes.

You can ask the court to make a short-term parenting order while your case is ongoing. Do this by filing a motion.

Staying positive

While this may be the first time you've personally gone through anything like this, family disputes are common. According to Vermont court statistics, each year nearly a thousand married couples with children divorce, nearly a thousand other parentage cases are decided, and a few thousand people seek a protection order from abuse.

These guides may help you stay positive through the custody process:

• Mindful Co-Parenting Guide
• How To De-Escalate Tension Between You and Your Ex
• How To Help a Child Deal With Divorce
• How To Divorce Amicably

Preparing for what comes next

What happens next in your Vermont parental rights and responsibilities case depends on whether you and the other parent reach an agreement.

If you filed an agreement (or do so at any point before trial), a judge will review your settlement to ensure it's good for your child. If you don't file an agreement, the court process will be longer. As you go to hearings, you'll need to be prepared every step of the way.

The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.

Frequently asked questions

Which family court should I use?

You must file in the family court in the Vermont county where you or your spouse live (if you're married) or where your child lives (if you're not married). Each county has its own Vermont Superior Court unit with a family court division.

Does filing the case give me an advantage over my ex?

Not officially. A judge doesn't prefer plaintiffs over defendants. However, you should consult a lawyer to discuss the pros and cons of filing first in your situation. Your case may benefit from moving quickly or slowing down.

Can I have an interpreter?

Yes. People who don't speak English or who are deaf have a right to a court interpreter in Vermont. They don't have to pay for this service. Language assistance is also available for the parenting class.