Child Custody in Vermont (2026)

Vermont’s Progressive “Parental Rights and Responsibilities” Framework

Vermont takes a distinctly progressive approach to child custody by rejecting the traditional terminology entirely. Under 15 V.S.A. Sections 650 through 670, Vermont uses the terms “parental rights and responsibilities” instead of “custody” and “parent-child contact” instead of “visitation.” This linguistic choice is deliberate — it reflects Vermont’s philosophy that post-separation parenting is about rights and responsibilities shared between parents, not about one parent winning custody while the other gets limited visits.

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.

The Primary Care Provider Factor

One of Vermont’s most notable features is the explicit statutory recognition of the primary care provider as a best interests factor. Under 15 V.S.A. Section 665, the court considers “the quality of the child’s relationship with the primary care provider, if appropriate given the child’s age and development.” While this is not a presumption in favor of the primary caretaker (as some states have adopted), it signals that Vermont courts pay particular attention to which parent has been the day-to-day caregiver.

In practice, this means the parent who has historically handled feeding, bathing, medical appointments, school involvement, and other daily caregiving tasks may have an advantage in cases where the parents cannot agree. The weight given to this factor depends on the child’s age — it tends to carry more significance for younger children.

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. 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

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.

Mediation

Vermont courts have discretion to refer parties to mediation in contested custody disputes, but mediation is not mandatory. Under Vermont law, the court may order mediation when it determines that mediation could help the parties reach an agreement on parental rights and responsibilities. Mediation will not be ordered when there is a showing of domestic abuse or other circumstances that would make it inappropriate. If mediation does not produce an agreement, the case proceeds to a hearing before the court.

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, attention to the primary care provider role, and the possibility of court-ordered 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.

Frequently Asked Questions

What terms does Vermont use for custody?

Vermont uses “parental rights and responsibilities” rather than “custody” and “parent-child contact” rather than “visitation” under 15 V.S.A. Sections 650 through 670. The arrangement may be sole parental rights and responsibilities (one parent decides) or shared parental rights and responsibilities (both parents share decision-making and time).

Does Vermont require mediation in custody cases?

No. Mediation in Vermont custody cases is discretionary, not mandatory. The court may refer parties to mediation when it believes it could help resolve disputes over parental rights and responsibilities, but it is not required. Mediation will not be ordered when there is evidence of domestic abuse.

Does Vermont consider the primary care provider?

Yes. Under 15 V.S.A. Section 665, the quality of the child’s relationship with the primary care provider is a specific best interest factor. This consideration carries particular weight for younger children and takes into account which parent has performed the majority of day-to-day caregiving.

What are the relocation notice requirements in Vermont?

Under 15 V.S.A. Section 668, a relocating parent must provide “reasonable notice” to the other parent. Vermont does not specify a fixed number of days but requires sufficient time for the other parent to seek a modification if necessary.

Can grandparents petition for visitation in Vermont?

Yes. Under 15 V.S.A. Section 1013, grandparents may petition for visitation if they can demonstrate a significant relationship with the child and that visitation would serve the child’s best interest. The court respects the decisions of fit custodial parents consistent with the Troxel v. Granville standard.

Does Vermont favor mothers over fathers in custody decisions?

No. Vermont law does not favor either parent based on gender. The court evaluates each case based on the best interests factors in Section 665, which focus on each parent’s relationship with the child, caregiving history, and ability to meet the child’s needs.

How This Guide Was Researched

This guide was developed through direct review of 15 V.S.A. Sections 650 through 670, which govern parental rights and responsibilities in Vermont, with particular focus on Section 665 (best interests factors and the primary care provider consideration), Section 668 (relocation), and Section 1013 (grandparent visitation). We also reviewed Vermont Family Division procedural guidance, Vermont Legal Aid family law publications, self-help resources from the Vermont Judiciary website, and materials from the Vermont Bar Association’s family law section addressing the state’s progressive terminology and approach.

Sources and Legal References

• 15 V.S.A. §§ 650-670 — Parental rights and responsibilities framework, terminology, and procedures
• 15 V.S.A. § 665 — Best interests factors, including primary care provider consideration and child’s wishes
• 15 V.S.A. § 668 — Relocation provisions and “reasonable notice” requirement
• 15 V.S.A. § 1013 — Grandparent visitation rights and standards
• Troxel v. Granville, 530 U.S. 57 (2000) — U.S. Supreme Court case guiding grandparent visitation analysis

Official Vermont Resources

• Vermont Judiciary — Divorce
• Vermont Judiciary — Family Division

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Divorce in Vermont
• Child support in Vermont
• Creating a parenting plan
• How child custody is determined
• Types of child custody arrangements
• Fathers’ rights in custody
• Custody mediation: what to expect