Casewell
Shared only by agreement
Vermont uses the phrase parental rights and responsibilities instead of custody. The court can order them shared only if both parents agree.
If you cannot agree, the court must give the rights and responsibilities mainly or fully to one parent. So a contested case is often about which parent that will be.
For the statute itself, including the custody factors, moving rules and how to file, see our guide to Vermont custody laws.
Rights and responsibilities, and contact
The rights and responsibilities cover who the child lives with and who makes the big decisions. Time with the other parent — contact — is set out too.
Being the parent without the main responsibility is not the same as losing contact. Be clear about which you are focused on.
What the court weighs
Section 665 lists nine factors. Among them:
- the child's needs and safety
- each parent's relationship with the child
- who has done the parenting
- whether the parents can communicate and cooperate, where sharing is on the table
The court cannot favor a parent because of the parent's or child's sex, or a parent's money.
What the numbers do not show
The figures above show where Vermont children live, not who holds parental rights. Use them as background only.
Your caregiving history and the child's needs decide the case.
Building the record
Note the care you give and the time you spend, each with a date and any papers behind it. Where cooperation matters, keep the messages that show how you communicate.
Casewell keeps those notes and files together. A lawyer can then read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
No age at which a child chooses
Vermont sets no age at which a child picks a parent. A child's wishes are not one of the nine factors listed in section 665. The list is a minimum, though, so a judge can still hear them.
Under section 594, a child can testify only after the court appoints a lawyer for the child. The testimony must also be necessary and unavailable any other way.
If the child is called as a witness, the judge can question them in chambers. A court reporter must record it. A guardian ad litem or an expert's report are other routes.
Why being the primary parent matters more here
Because Vermont cannot impose shared responsibility on parents who disagree, a contested case narrows early. Section 665 covers parents who cannot agree to divide or share parental rights and responsibilities. In that case, the court shall award them primarily or solely to one parent.
So a contested Vermont case is usually about which parent rather than about how to split it. That raises what a normal week is worth as evidence.
Who books the appointments. Which of you the school calls first. Who is there on a normal Tuesday. Those answers decide more here than in states that can order a shared arrangement over an objection.
Before you file in Vermont
Save any existing order, track your time with the child for a few weeks, and write down the arrangement you want.
A Vermont family-law lawyer can weigh it against section 665 before you file.
Vermont custody preparation checklist
Use this before asking a lawyer or adviser to assess a pattern.
Prepare before professional costs rise
Casewell organizes parenting time, communication, handovers, expenses and attachments into a dated chronology. Export the relevant period for review so a lawyer can focus on the real custody questions and any supported pattern of abuse or non-cooperation. Start your Casewell record today.
Can a child choose which parent to live with in Vermont?
No age is set, and no child decides. A child can testify only after the court appoints a lawyer for them. If the child testifies, even in chambers, a court reporter must record it. A guardian ad litem is another route.
Can a Vermont court order shared custody if we disagree?
No. Section 665 says that where parents cannot agree to share parental rights and responsibilities, the court shall award them primarily or solely to one parent.
Does Vermont publish a full-custody success rate?
No. Public data does not provide a complete percentage of Vermont cases in which mothers or fathers receive sole legal and physical custody. Household statistics describe where children live, not court outcomes.
Do these statistics show that mothers get custody more often in Vermont?
They show the sex of the household householder in a living-arrangement table. They do not show legal custody, parenting-time percentages, the reason for the arrangement, or whether a court was involved.
Can documentation improve my chances of custody?
Yes. Good records can definitely improve your chances. They help you arrive prepared with clear, dated evidence in the right format. They give your lawyer a head start, saving time and fees. They cannot guarantee an outcome, but they can strengthen your case.
What should I record first?
Start with the current arrangement. Then log each important change: the date, what was expected, what you saw, the source, the effect on the child, your response and the outcome. Use Casewell to keep the entry and supporting file together.
Sources
Statistics are 2024 ACS 5-year estimates from Census table B09005. The values are checked against the official Census table-based data file. The table measures children's household living arrangements, not legal custody or court outcomes; the Census table, data file, and secondary machine-readable mirror are linked so the calculation can be reproduced.
- Vermont 15 V.S.A. 665 — shared responsibility only by agreement, and the best-interest factors checked
- U.S. Census Bureau, ACS 2024 5-year table B09005 for Vermont checked
- U.S. Census Bureau, official 2024 ACS 5-year table-based B09005 data file checked
- Machine-readable ACS 2024 5-year B09005 values (Census Reporter mirror) checked
- U.S. Census Bureau, Custodial Parents and Their Child Support: 2022 checked