DADI Blog

Vermont Child Custody

Posted by admin on April 27th, 2006

Vermont child custody laws are set forth in the best interest of the children and if joint custody is feasible, but in order to give joint custody both parents must agree to the responsibilities and have the desire for joint custody. Before the courts in Vermont will consider joint custody they will consider the following factors:

* The relationship the children with have with both parents, and the capability of both parents to give their children the guidance, love and affection they need.

* The capability of each parent to give their children adequate clothing, food, medical care and other items they need in a safe environment.

* The capability of each parent to meet all the needs of their children in the present and in the future.

* The adjustment the children have in their school, community and home and what effect changing would have.

* If both parents can ensure a positive relationship with frequent and continuing contact with the other parent which includes physical contact unless the contact would endanger the children in any way.

* The relationship the children have with the primary caretaker, if the child is of sufficient age.

* The relationship the children have with anyone in the home.

* The capability of the parents to cooperate and communicate when making joint decisions regarding the rearing of their children and which rights and responsibilities are to be shared or divided.

* Any evidence of abuse and what this has done to the children, including the relationship the children have with this person.
The court will not choose one parent over the other because of the sex of the child or the parent or their financial resources.

If joint custody is feasible the parents must submit a parenting agreement to the court. The agreement must include provisions that state the following:

* Where the children will be living the majority of the time.

* The contact each parent will have with the children.

* The type of education the children will be receiving, such as private school, home schooling, etc.

* The health care, medical care and dental care that will be provided for the children.

* What type of travel arrangements will be used for the children to visit both parents.

* What type of procedures will be used between the parents when they are communicating on their children’s welfare.

* If the parental rights and responsibilities will be shared equally or divided and how they will be divided.

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