15 V.S.A. § 660 — VT Code / Title 15 / Chapter 11 / Section 660
§ 660. Modification
Status: in_force

(a)(1) On motion of either parent, the Office of Child Support, any other person to whom support has previously been granted, or any person previously charged with support, and upon a showing of a real, substantial and unanticipated change of circumstances, the court may annul, vary, or modify a child support order, whether or not the order is based upon a stipulation or agreement. If the child support order has not been modified by the court for at least three years, the court may waive the requirement of a showing of a real, substantial, and unanticipated change of circumstances.

(2) The Office of Child Support may independently file a motion to modify child support or change payee if providing services under Title IV-D of the Social Security Act, if a party is or will be incarcerated for more than 90 days, if the family has reunited or is living together, if the child is no longer living with the payee, or if a party receives means-tested benefits.

(b) A child support order, including an order in effect prior to adoption of the support guideline, which varies more than ten percent from the amounts required to be paid under the support guideline, shall be considered a real, substantial, and unanticipated change of circumstances.

(c) The following shall be considered a real, substantial, and unanticipated change of circumstances:

(1) Receipt of workers' compensation, disability benefits, or means-tested public assistance benefits.

(2) Unemployment compensation, unless the period of unemployment was considered when the child support order was established.

(3) Incarceration for more than 90 days, unless incarceration is for failure to pay child support.

(d) A motion to modify a support order under subsection (b) or (c) of this section shall be accompanied by an affidavit setting forth calculations demonstrating entitlement to modification and shall be served on other parties and filed with the court. Upon proof of service, and if the calculations demonstrate cause for modification, the magistrate shall enter an order modifying the support award in accordance with the calculations provided, unless within 15 days of service of, or receipt of, the request for modification, either party requests a hearing. The court shall conduct a hearing within 20 days of the request. No order shall be modified without a hearing if one is requested.

(e) An order may be modified only as to future support installments and installments which accrued subsequent to the date of notice of the motion to the other party or parties. The date the motion for modification is filed shall be deemed to be the date of notice to the opposing party or parties.

(f) Upon motion of the court or upon motion of the Office of Child Support, the court may deem arrears judicially unenforceable in cases where there is no longer a duty of support, provided the court finds all of the following:

(1) The obligor is presently unable to pay through no fault of his or her own.

(2) The obligor currently has no known income or has only nominal assets.

(3) There is no reasonable prospect that the obligor will be able to pay in the foreseeable future.

(g) Upon motion of an obligee or the Office of Child Support, the court may set aside a judgment that arrears are judicially unenforceable based on newly discovered evidence or a showing of a real, substantial, and unanticipated change in circumstances, provided the court finds any of the following:

(1) The obligor is presently able to pay.

(2) The obligor has income or has only nominal assets.

(3) There is a reasonable prospect that the obligor will be able to pay in the foreseeable future.
15A V.S.A. § 107 — VT Code / Title 15A / Chapter 2 / Section 107
§ 2-107. Intercountry placement
Status: in_force

An adoption in this State of a minor brought into this State from another country by a prospective adoptive parent, or by a person who places the minor for adoption in this State, is governed by this title, subject to any convention or treaty on intercountry adoption which the United States has ratified, and any relevant federal law.
15A V.S.A. § 103 — VT Code / Title 15A / Chapter 4 / Section 103
§ 4-103. Consent to adoption
Status: in_force

Unless consent is not required under section 2-402 of this title, a petition to adopt a minor stepchild may be granted only if consent to the adoption has been executed by a stepchild who has attained 14 years of age and:

(1) the minor's parents as described in subsection 2-401(a) of this title;

(2) the minor's guardian if expressly authorized by a court to consent to the minor's adoption; or

(3) an agency that placed the minor for adoption by the stepparent.
15 V.S.A. § 656 — VT Code / Title 15 / Chapter 11 / Section 656
§ 656. Computation of parental support obligation
Status: in_force

(a) Except in situations where there is shared or split physical custody, the total child support obligation shall be divided between the parents in proportion to their respective available incomes and the noncustodial parent shall be ordered to pay, in money, his or her share of the total support obligation to the custodial parent. The custodial parent shall be presumed to spend his or her share directly on the child.

(b) If the noncustodial parent's available income is less than the lowest income figure in the support guideline adopted under section 654 of this title or is less than the self-support reserve, the court shall use its discretion to determine support using the factors in section 659 of this title and shall require payment of a nominal support amount.

(c) If the noncustodial parent's available income is greater than the self-support reserve but payment of a child support order based on application of the guideline would reduce the noncustodial parent's income below the self-support reserve, the noncustodial parent's share of the total support obligation shall be presumed to be the difference between the self-support reserve and his or her available income. If the noncustodial parent owes arrears to the custodial parent, the court shall not order the payment of arrears in an amount that, by itself or in combination with the noncustodial parent's share of the total support obligation, would reduce the noncustodial parent's income below the self-support reserve, unless the custodial parent can show good cause why the payment of arrears should be ordered despite the fact that such an order would drop the noncustodial parent's income below the self-support reserve. Such arrears shall remain the responsibility of the noncustodial parent and be subject to repayment at a time when the noncustodial parent's income is above the self-support reserve.

(d) The court may use its discretion in determining child support in circumstances where combined available income exceeds the uppermost levels of the support guideline adopted under section 654 of this title.
15B V.S.A. § 1314 — VT Code / Title 15B / Chapter 13 / Section 1314
§ 1314. Limited immunity of petitioner
Status: in_force

(a) Participation by a petitioner in a proceeding under this title before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not subject to service of civil process while physically present in this State to participate in a proceeding under this title.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this title committed by a party while physically present in this State to participate in the proceeding.
15A V.S.A. § 504 — VT Code / Title 15A / Chapter 3 / Section 504
§ 3-504. Grounds for terminating relationship of parent and child
Status: in_force

(a) If a respondent answers or appears at the hearing and asserts parental rights, the court shall proceed with the hearing expeditiously. If the court finds, upon clear and convincing evidence, that any one of the following grounds exists and that termination is in the best interests of the minor, the court shall order the termination of any parental relationship of the respondent to the minor:

(1) In the case of a minor under six months of age at the time the petition is filed, the respondent did not exercise parental responsibility once he or she knew or should have known of the minor's birth or expected birth. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent's failure to:

(A) pay reasonable prenatal, natal, and postnatal expenses in accordance with his or her financial means;

(B) make reasonable and consistent payments, in accordance with his or her financial means, for the support of the minor;

(C) regularly communicate or visit with the minor; or

(D) manifest an ability and willingness to assume legal and physical custody of the minor.

(2) In the case of a minor over six months of age at the time the petition is filed, the respondent did not exercise parental responsibility for a period of at least six months immediately preceding the filing of the petition. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent's failure to:

(A) make reasonable and consistent payments, in accordance with the respondent's financial means, for the support of the minor, although legally obligated to do so;

(B) regularly communicate or visit with the minor; or

(C) during any time the minor was not in the physical custody of the other parent, manifest an ability and willingness to assume legal and physical custody of the minor.

(3) The respondent has been convicted of a crime of violence or has been found by a court of competent jurisdiction to have committed an act of violence that violated a restraining or protective order, and the facts of the crime or violation indicate that the respondent is unfit to maintain a relationship of parent and child with the minor.

(4) The respondent has committed a sexual assault resulting in the conception of the child.

(b) If the respondent has proved by a preponderance of the evidence that he or she had good cause for not complying with subdivision (a)(1) or (2) of this section or that, for compelling reasons, termination is not justified under subdivision (a)(3) or (4) of this section, the court may not terminate the respondent's parental rights to a minor except upon a finding by clear and convincing evidence that any one of the following grounds exists and that termination is in the best interests of the minor:

(1) Once the respondent no longer had good cause for not complying with the requirements of subdivision (a)(1) or (2) of this section, he or she failed to assume parental responsibilities as promptly and fully as circumstances permitted.

(2) The respondent, after being afforded a reasonable opportunity to do so, would not have the ability and disposition to:

(A) provide the child with love, affection, and guidance;

(B) meet the child's present and future physical and emotional needs; or

(C) provide the child with adequate food, clothing, medical care, other material needs, education, and a safe environment.

(3) At the time of the hearing, the respondent has a relationship with another person who would significantly and adversely affect the child.

(4) Placing the minor in the respondent's legal or physical custody would pose a risk of substantial harm to the physical or psychological well-being of the minor because the circumstances of the minor's conception, or the respondent's behavior during the pregnancy, or since the minor's birth indicates that he or she is unfit to maintain a relationship of parent and child with the minor.

(c) At the time of the hearing under this section, the court shall consider the best interests of the child in accordance with the following criteria:

(1) the likelihood that the respondent will be able to assume or resume his or her parental duties within a reasonable period of time;

(2) the child's adjustment to his or her home, school, and community;

(3) the interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the best interests of the child; and

(4) whether the parent or alleged parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child's welfare.

(d) If the respondent does not answer or appear or, in the case of an alleged father, file a claim of paternity as provided in subdivision 3-503(b)(2) of this title, or cannot be notified because the person's identity or whereabouts is unknown, the court may order the termination of any parental relationship to the minor.
15B V.S.A. § 1304 — VT Code / Title 15B / Chapter 13 / Section 1304
§ 1304. Duties of initiating tribunal
Status: in_force

(a) Upon the filing of a petition authorized by this title, an initiating tribunal of this State or the Office of Child Support shall forward one copy of the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this State or the Office of Child Support shall issue a certificate or other document, and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request, the tribunal of this State or the Office of Child Support shall specify the amount of support sought to convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
15A V.S.A. § 109 — VT Code / Title 15A / Chapter 1 / Section 109
§ 1-109. Termination of orders and agreements for visitation or communication upon adoption
Status: in_force

When a decree of adoption becomes final, except as provided in Article 4 of this title and 33 V.S.A. § 5124, any order or agreement for visitation or communication with the minor shall be unenforceable.
15 V.S.A. § 1092 — VT Code / Title 15 / Chapter 20 / Section 1092
§ 1092. Recognition and enforcement, appeals
Status: in_force

(a) A Vermont court shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter.

(b) An appeal may be taken from a final order in a proceeding under this subchapter in accordance with the Vermont Rules of Appellate Procedure. Unless the court enters a temporary emergency order under section 1074 of this title, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
15 V.S.A. § 683 — VT Code / Title 15 / Chapter 11 / Section 683
§ 683. Temporary modification
Status: in_force

(a) Upon motion of a deploying or nondeploying parent, the court shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization when:

(1) a military parent who has shared, sole, or primary legal or physical parental rights and responsibilities for a child or who has parent-child contact pursuant to an existing court order has received notice from military leadership that he or she will deploy or mobilize in the near future; and

(2) the deployment or mobilization would have a material effect upon his or her ability to exercise such parental rights and responsibilities or parent-child contact.

(b) Motions for modification because of deployment shall be heard by the court as expeditiously as possible, and shall be a priority for this purpose.

(c)(1) All temporary modification orders shall include a specific transition schedule to facilitate a return to the predeployment order over the shortest reasonable time period after the deployment ends, taking into consideration the child's best interests.

(2) The temporary order shall set a date certain for the end of deployment and the start of the transition period. If deployment is extended, the temporary order shall remain in effect during the extended deployment, and the transition schedule shall take effect at the end of the extended deployment. In that case, the nondeployed parent shall notify the court of the extended deployment. Failure of the nondeployed parent to notify the court in accordance with this subdivision shall not prejudice the deployed parent's right to return to the prior order once the temporary order expires as provided in subdivision (3) of this subsection.

(3) The temporary order shall expire upon the completion of the transition, and the prior order for parental rights and responsibilities and parent-child contact shall be in effect.

(d) Upon motion of the deploying parent, the court may delegate his or her parent-child contact rights, or a portion of them, to a family member, a person with whom the deploying parent cohabits, or another person with a close and substantial relationship to the minor child or children for the duration of the deployment, upon a finding that it is in the child's best interests. Such delegated contact does not create separate rights to parent-child contact for a person other than a parent once the temporary order is no longer in effect.

(e) A temporary modification order issued pursuant to this section shall designate the deploying parent's parental rights and responsibilities for and parent-child contact with a child during a period of leave granted to the deploying parent, in the best interests of the child.

(f) A temporary order issued under this section may require any of the following if the court finds that it is in the best interests of the child:

(1) The nondeploying parent shall make the child reasonably available to the deploying parent when the deploying parent has leave.

(2) The nondeploying parent shall facilitate opportunities for telephonic, electronic mail, and other such contact between the deploying parent and the child during deployment.

(3) The deploying parent shall provide timely information regarding his or her leave schedule to the nondeploying parent. Actual leave dates are subject to change with little notice due to military necessity and shall not be used by the nondeploying parent to prevent parent-child contact.

(g) A court order modifying a previous order for parental rights and responsibilities or parent-child contact because of deployment shall specify that the deployment is the basis for the order, and it shall be entered by the court as a temporary order. The order shall further require the nondeploying parent to provide the court and the deploying parent with 30 days' advance written notice of any change of address and any change of telephone number.
15 V.S.A. § 1106 — VT Code / Title 15 / Chapter 21 / Section 1106
§ 1106. Procedure
Status: in_force

(a) Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the Vermont Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.

(b)(1) The Court Administrator shall establish procedures to ensure access to relief after regular court hours, or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist plaintiffs to seek relief and to gain access to Superior Courts. Law enforcement agencies shall assist in carrying out the intent of this section.

(2)(A) The court shall designate an authorized person to receive requests for ex parte temporary relief from abuse orders submitted after regular court hours pursuant to section 1104 of this title, including requests made by reliable electronic means according to the procedures in this subdivision (2).

(B) If a secure setting is not available for processing an ex parte temporary relief from abuse order submitted after regular court hours, or if the authorized person determines that electronic submission is appropriate under the circumstances, the authorized person shall inform the applicant that a complaint and affidavit may be submitted electronically.

(C) The affidavit shall be sworn to or affirmed by administration of the oath over the telephone to the applicant by the authorized person and shall conclude with the following statement: “I declare under the penalty of perjury pursuant to the laws of the State of Vermont that the foregoing is true and accurate. I understand that making false statements is a crime subject to a term of imprisonment or a fine, or both, as provided by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath was administered.

(D) The authorized person shall communicate the contents of the complaint and affidavit to a judicial officer telephonically or by reliable electronic means. The judicial officer shall decide whether to grant or deny the complaint and issue the order solely on the basis of the contents of the affidavit or affidavits provided. The judicial officer shall communicate the decision to the authorized person, who shall communicate it to the applicant. If the order is issued, it shall be delivered to the appropriate law enforcement agency for service and to the holding station.

(c) The Office of the Court Administrator shall ensure that the Superior Court has procedures in place so that the contents of orders and pendency of other proceedings can be known to all courts for cases in which an abuse prevention proceeding is related to a criminal proceeding.
15 V.S.A. § 8 — VT Code / Title 15 / Chapter 1 / Section 8
§ 8. Marriage definition
Status: in_force

Marriage is the legally recognized union of two people. When used in this chapter or in any other statute, the word “marriage” shall mean a civil marriage. Terms relating to the marital relationship or familial relationships shall be construed consistently with this section for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law.
15C V.S.A. § 109 — VT Code / Title 15C / Chapter 1 / Section 109
§ 109. Venue
Status: in_force

Venue for a proceeding to adjudicate parentage shall be in the county in which:

(1) the child resides or is present or, for purposes of chapter 7 or 8 of this title, is or will be born;

(2) any parent or intended parent resides;

(3) the respondent resides or is present if the child does not reside in this State;

(4) a proceeding for probate or administration of the parent or alleged parent's estate has been commenced; or

(5) a child protection proceeding with respect to the child has been commenced.
15A V.S.A. § 705 — VT Code / Title 15A / Chapter 3 / Section 705
§ 3-705. Decree of adoption
Status: in_force

(a) A decree of adoption shall state or contain:

(1) the original name of the minor adoptee, if the adoption is by a stepparent or relative and, in all other adoptions, the original name or initials;

(2) the name of the petitioner for adoption;

(3) whether the petitioner is married or unmarried;

(4) whether the petitioner is a stepparent of the adoptee;

(5) the name by which the adoptee is to be known and when the name takes effect;

(6) information to be incorporated into a new birth certificate to be issued by the State Registrar of Vital Records, unless the petitioner or an adoptee who has attained 14 years of age requests that a new certificate not be issued;

(7) the adoptee's date, time, and place of birth, if known, or in the case of an adoptee born outside the United States, as determined pursuant to subsection (b) of this section;

(8) the effect of the decree of adoption as stated in sections 1-104 through 1-106 of this title; and

(9) that the adoption is in the best interests of the adoptee.

(b) In determining the date and place of birth of an adoptee born outside the United States, the court shall:

(1) enter the date and place of birth as stated in the birth certificate from the country of origin, the U.S. Department of State's report of birth abroad, or the documents of the U.S. Immigration and Naturalization Service;

(2) if the exact place of birth is unknown, enter the information that is known and designate a place of birth according to the best information known with respect to the country of origin;

(3) if the exact date of birth is unknown, determine a date of birth based upon medical evidence as to the probable age of the adoptee and other evidence the court considers appropriate; and

(4) if documents described in subdivision (1) of this subsection are not available, determine the date and place of birth based upon evidence the court finds appropriate to consider.

(c) Except for a decree of adoption of a minor by a stepparent which is issued pursuant to Article 4 of this title, a decree of adoption of a minor shall contain a statement that any order or agreement for visitation or communication with the minor that was in effect before the decree is issued shall be unenforceable.

(d) A decree that substantially complies with the requirements of this section is not subject to challenge solely because one or more items required by this section are not contained in the decree.
15A V.S.A. § 105 — VT Code / Title 15A / Chapter 1 / Section 105
§ 1-105. Legal relationship between adoptee and former parent after adoption
Status: in_force

(a) When a decree of adoption becomes final:

(1) all parental rights and duties of each former parent of the adoptee terminate, including the right of inheritance and intestate succession from or through the adoptee, but not including the duty to make past-due payments for child support;

(2) an adoptee's right of inheritance through intestacy from or through each former parent and the kindred of each former parent terminates; and

(3) the adoptee is not the child, descendant, heir, or issue of a former parent for the purpose of interpretation or construction of a donative disposition in any instrument, whether executed before or after the adoption, unless the document:

(A) expressly states a contrary intention; or

(B) includes the adoptee by name or other means which identifies the adoptee.

(b) If a donative instrument includes an adoptee as provided for in subdivision (a)(3)(B) of this section, a public custodian of adoption records is authorized to release information to the probate division of the superior court to assist in the identification or location of the adoptee.
15C V.S.A. § 113 — VT Code / Title 15C / Chapter 1 / Section 113
§ 113. Order on default
Status: in_force

The court may issue an order adjudicating the parentage of a person who is in default, providing:

(1) the person was served with notice of the proceeding; and

(2) the person is found by the court to be the parent of the child.
15A V.S.A. § 104 — VT Code / Title 15A / Chapter 7 / Section 104
§ 7-104. Charges by agency
Status: in_force

Subject to the requirements of sections 3-702 and 3-703 of this title for an accounting and judicial approval of fees and charges related to an adoption, an agency may charge or accept a fee or other reasonable compensation from a prospective adoptive parent for expenses not paid by public assistance for:

(1) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care, the birth, or any illness of the minor;

(2) a percentage of the annual cost the agency incurs in locating and providing counseling services for minor adoptees, parents, and prospective parents;

(3) living expenses of a mother for a reasonable time before the birth of a child and for no more than six weeks after the birth;

(4) expenses incurred in ascertaining the information required by section 2-105 of this title;

(5) legal services and court costs, or other administrative expenses connected with an adoption, including the legal services performed for a parent who relinquishes a minor child to the agency;

(6) preparation of a preplacement evaluation and an evaluation during the proceeding for adoption;

(7) transportation for services provided under this section; and

(8) any other service or expense the court finds is reasonable and necessary.
15C V.S.A. § 402a — VT Code / Title 15C / Chapter 4 / Section 402a
§ 402a. Adjudication of parentage if birth parent only other parent
Status: in_force

The following rules apply in a proceeding to adjudicate a presumed parent's parentage of a child if the person who gave birth is the only other person with a claim to parentage of the child:

(1) If no party to the proceeding challenges the presumed parent's parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child.

(2) If the presumed parent is identified under subsection 604(a) of this title as a genetic parent of the child and that identification is not successfully challenged under said subsection, the court shall adjudicate the presumed parent to be a parent of the child.

(3) If the presumed parent is not identified under subsection 604(a) of this title as a genetic parent of the child and the presumed parent or another party challenges the presumed parent's parentage of the child, the court shall adjudicate the parentage of the child in the best interests of the child, based on the factors listed in subsections 206(a) and (b) of this title. Challenges regarding the parentage of a child born through assisted reproduction must be resolved under chapter 7 of this title.
15C V.S.A. § 615 — VT Code / Title 15C / Chapter 6 / Section 615
§ 615. Authority to deny requested order for genetic testing or admission of test results
Status: in_force

(a) Grounds for denial. In a proceeding to adjudicate parentage, the court may deny a motion seeking an order for genetic testing or deny admissibility of the test results at trial if it determines that:

(1) the conduct of the parties estops a party from denying parentage; or

(2) it would be an inequitable interference with the relationship between the child and an acknowledged, adjudicated, de facto, presumed, or intended parent, or would otherwise be contrary to the best interests of the child as provided in subsection (b) of this section.

(b) Factors. In determining whether to deny a motion seeking an order for genetic testing under this title or a request for admission of such test results at trial, the court shall consider the best interests of the child, including the following factors, if relevant:

(1) the length of time between the proceeding to adjudicate parentage and the time that a parent was placed on notice that genetic parentage is at issue;

(2) the length of time during which the parent has assumed a parental role for the child;

(3) the facts surrounding discovery that genetic parentage is at issue;

(4) the nature of the relationship between the child and the parent;

(5) the age of the child;

(6) any adverse effect on the child that may result if parentage is successfully disproved;

(7) the nature of the relationship between the child and any alleged parent;

(8) the extent to which the passage of time reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child; and

(9) any additional factors that may affect the equities arising from the disruption of the relationship between the child and the parent or the chance of an adverse effect on the child.

(c) Order. In cases involving an acknowledged or presumed parent, if the court denies a motion seeking an order for genetic testing, the court shall issue an order adjudicating the acknowledged or presumed parent to be the parent of the child.
15A V.S.A. § 403 — VT Code / Title 15A / Chapter 2 / Section 403
§ 2-403. Persons who may relinquish minor
Status: in_force

A parent or guardian whose consent to the adoption of a minor is required by section 2-401 of this title may relinquish to an agency all rights with respect to the minor, including legal and physical custody and the right to consent to the minor's adoption.
15A V.S.A. § 114 — VT Code / Title 15A / Chapter 1 / Section 114
§ 1-114. Confirmatory adoption for children born through assisted reproduction
Status: in_force

(a) As used in this section:

(1) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse and includes:

(A) intrauterine, intracervical, or vaginal insemination;

(B) donation of gametes;

(C) donation of embryos;

(D) in vitro fertilization and transfer of embryos; and

(E) intracytoplasmic sperm injection.

(2) “Donor” means a person who contributes a gamete or gametes or an embryo or embryos to another person for assisted reproduction or gestation, whether or not for consideration. This term does not include:

(A) a person who gives birth to a child conceived by assisted reproduction except as otherwise provided in 15C V.S.A. chapter 8; or

(B) a parent under 15C V.S.A. chapter 7 or an intended parent under 15C V.S.A. chapter 8.

(3) “Marriage” includes civil union and any legal relationship that provides substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered.

(4) “Petitioners” means the persons filing a petition for adoption in accordance with this section.

(b) Whenever a child is born as a result of assisted reproduction and the person or persons who did not give birth are a parent pursuant to 15C V.S.A. § 703 or presumed parent pursuant to 15C V.S.A. § 401 and the parents seek to file a petition to confirm parentage through an adoption of the child, the court shall permit the parents to file a petition for adoption in accordance with this section.

(c) A complete petition shall comprise the following:

(1) the petition for adoption signed by all parents;

(2) a copy of the petitioners' marriage certificate, if petitioners are married;

(3) a declaration signed by the parents explaining the circumstances of the child's birth through assisted reproduction, attesting to their consent to assisted reproduction, and stating that there are no other persons with a claim to parentage of the child under Title 15C; and

(4) a certified copy of the child's birth certificate.

(d) A complete petition for adoption, as described in subsection (c) of this section, shall serve as the petitioners' written consents to adoption and no additional consent or notice shall be required.

(e) If the petitioners conceived through assisted reproduction with donor gametes or donor embryos, the court shall not require notice of the adoption to the donor or consent to the adoption by the donor.

(f) Unless otherwise ordered by the court for good cause shown and supported by written findings of the court demonstrating good cause, for purposes of evaluating and granting a petition for adoption pursuant to this section, the court shall not require:

(1) an in-person hearing or appearance, although the court may require a remote hearing;

(2) an investigation or home study by, a notice to, or the approval of the Department for Children and Families;

(3) a criminal-record check;

(4) verification that the child is not registered with the federal register for missing children or the central register; or

(5) a minimum residency period in the home of the petitioners.

(g) The court shall grant the adoption under this section and issue an adoption decree promptly after the filing of a complete petition and upon finding that:

(1) for marital parents, the parent who gave birth and the spouse were married at the time of the child's birth and the child was born through assisted reproduction; or

(2) for nonmarital parents:

(A) the person who gave birth and the nonmarital parent consented to the assisted reproduction; and

(B) no other person has a claim to parentage pursuant to Title 15C or that any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been notified or provided consent to the adoption.

(h) Unless notice has been waived or consent given for the adoption, a copy of the petition and notice of a proceeding under this section shall be served upon any person entitled to notice within 30 days after the petition is filed. The notice shall include the address and telephone number of the court where the petition is pending and a statement that the person served with the notice and petition shall file a written appearance in the proceeding within 20 days after service in order to participate in the proceeding and to receive further notice of the proceeding, including notice of the time and place of any hearing. Service of the notice and petition shall be made in a manner appropriate under the Vermont Rules of Probate Procedure unless the court otherwise directs. Proof of service on each person entitled to receive notice shall be on file with the court before the court acts on the petition.

(i) A petition to adopt a child pursuant to this section shall not be denied on the basis that any of the petitioners' parentage is already presumed or legally recognized in Vermont.

(j) When parentage is presumed or legally recognized pursuant to 15C V.S.A. § 201, the fact that a person did not petition for adoption pursuant to this section shall not be considered as evidence when two or more presumptions conflict, nor in determining the best interests of the child.
15 V.S.A. § 1108 — VT Code / Title 15 / Chapter 21 / Section 1108
§ 1108. Enforcement
Status: in_force

(a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order shall be accorded full faith and credit throughout this State and shall be enforced as if it were an order of this State. Enforcement may include, but is not limited to:

(1) making an arrest in accordance with the provisions of V.R.Cr.P. 3;

(2) assisting the recipient of an order granting sole possession of the residence to obtain sole possession of the residence if the defendant refuses to leave;

(3) assisting the recipient of an order granting sole custody of children to obtain sole custody of children if the defendant refuses to release them.

(b) A law enforcement officer may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order that has been provided to the law enforcement officer by any source. Law enforcement personnel may rely upon the written and sworn statement of the person protected by the foreign abuse prevention order that the order remains in effect. An officer's reasonable reliance as provided in this subsection shall be a complete defense in any civil action arising in connection with a court's finding under subsection (c) of this section that the order was not enforceable.

(c) A foreign abuse prevention order shall be enforceable in the courts in this State if all the following are satisfied:

(1) The defendant has received notice of the order in compliance with the requirements of the issuing state.

(2) The order is in effect in the issuing state.

(3) The court in the issuing state had jurisdiction over the parties and the subject matter under the law of the issuing state.

(4) In the issuing state, the law gives reasonable notice and opportunity to be heard to the person against whom the order is sought sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within a reasonable time after the order is issued, sufficient to protect the defendant's due process rights. Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of the foreign protection order.

(d) A person entitled to protection under a foreign abuse prevention order may file the foreign abuse prevention order in any Family Division of the Superior Court by filing a certified copy of the order with the court. The person shall swear under oath in an affidavit that to the best of the person's knowledge the order is presently in effect as written. Upon inquiry by a law enforcement agency, the clerk of the Family Division of the Superior Court shall make a copy of the foreign abuse prevention order available.

(e) In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as a criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State's Attorney in District or Superior Court in the unit or county in which the violation occurred. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a domestic abuse order after such initial adjudication.
15 V.S.A. § 753 — VT Code / Title 15 / Chapter 11 / Section 753
§ 753. Conveyance of realty after legal separation
Status: in_force

In all cases where a legal separation has been granted, a spouse may convey his or her real estate without the signature or consent of the other spouse, and the laws of descent applicable to absolute divorce shall apply.
15 V.S.A. § 517 — VT Code / Title 15 / Chapter 11 / Section 517
§ 517. Custody and maintenance of issue
Status: in_force

If there is issue of a civil marriage annulled on the ground of force or fraud, the court shall decree their custody to the innocent parent and may provide for their education and maintenance out of the estate and property of the guilty party.
15 V.S.A. § 658 — VT Code / Title 15 / Chapter 11 / Section 658
§ 658. Support
Status: repealed

(a) In an action under this chapter or under chapter 21 of this title, the court shall order either or both parents owing a duty of support to a child to pay an amount for the support of the child in accordance with the support guidelines as set forth in this subchapter, unless otherwise determined under section 659 of this title.

(b) A request for support may be made by either parent, a guardian, or the Department for Children and Families or the Department of Vermont Health Access, if a party in interest. A court may also raise the issue of support on its own motion.

(c) The court may order support to be continued until the child attains the age of majority or terminates secondary education, whichever is later.

(d) The court or magistrate may order an obligor or a parent who will become the obligor pending an anticipated child support order to participate in employment, educational, or training-related activities if the court finds that participation in such activities would assist in providing support for a child, or in addressing the causes of the default. The court may also order the parent to participate in substance abuse or other counseling if the court finds that such counseling may assist the parent to achieve stable employment. Activities ordered under this section shall be consistent with, and may be more rigorous than, any requirements of a state or federal program in which the parent is participating. For the purpose of this subsection, “employment, educational, or training-related activities” shall mean:

(1) Unsubsidized employment.

(2) Subsidized private sector employment.

(3) Subsidized public sector employment.

(4) Work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available.

(5) On-the-job training.

(6) Job search and job readiness assistance.

(7) Community service programs.

(8) Vocational educational training (not to exceed 12 months with respect to any individual).

(9) Job skills training directly related to employment.

(10) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(11) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(12) The provision of child care services to an individual who is participating in a community service program.

(13) An employment services program, which may provide referrals for employment, training, counseling, or other services. Any report provided from such a program shall be presumed to be admissible without the appearance of a witness from the program in accordance with the provisions in 4 V.S.A. § 466(f).

(e) A consent to the adoption of a child or the relinquishment of a child, for the purpose of adoption, covered by a child support order shall terminate an obligor's duty to provide future support for the adopted child without further order of the court. Unpaid support installments accrued prior to adoption are not discharged and are subject to the jurisdiction of the court. In a case involving a child covered by a Vermont child support order, the Probate Division of the Superior Court shall also file the consent or relinquishment with the Family Division of the Superior Court in the case in which the support order was issued and shall notify the Office of Child Support of any order terminating parental rights and of the final adoption decree. Upon receipt of the consent or relinquishment, the Office of Child Support shall terminate the obligor's duty to provide further support.

[Subsection (f) shall apply to child support cases filed before July 1, 2010.]

(f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the amount payable for the individual's contribution to the insurance or health benefit plan premium is five percent or less of the parent's gross income. the court, in its discretion, retains the right to order a parent to obtain medical coverage even if the cost exceeds five percent of the parent's gross income if the cost is deemed reasonable under all the circumstances after considering the factors pursuant to section 659 of this title.

(2) If private health insurance or an employer-sponsored health benefit plan is not available at a reasonable cost, the court may order one or both parents owing a duty of support to contribute a cash contribution of up to five percent of gross income toward the cost of health care coverage of a child under public or private health insurance or a health benefit plan. A cash contribution under this section shall be considered child support for tax purposes. When calculating the contribution of a parent whose child receives coverage under Medicaid, a Medicaid waiver program, or Dr. Dynasaur, the court shall not order a contribution greater than the premium amount charged by the Agency of Human Services for the child's coverage.

[Subsection (f) as amended by 2009, Act No. 156 (Adj. Sess.), § E.319.1 shall apply to child support cases filed on or after July 1, 2010.]

(f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the cost of adding the child to an existing insurance or health benefit plan or the difference between providing coverage to the individual alone and family coverage under an existing insurance or health benefit plan is five percent or less of the parent's gross income.

(2) If private health insurance or an employer-sponsored health benefit plan is not available at a reasonable cost, the court may order one or both parents owing a duty of support to contribute a cash contribution of up to five percent of gross income. the court also may order a cash contribution if a child receives coverage or health benefits under Medicaid, a Medicaid waiver program, Dr. Dynasaur, or is uninsured. A cash contribution under this section shall be considered child support for tax purposes.

(3) The court, in its discretion, may order a parent to provide a cash contribution or coverage under a public or private insurance or health benefit plan even if the cost exceeds five percent of the parent's gross income, if the cost is deemed reasonable under the totality of the circumstances after considering the factors pursuant to section 659 of this title.

(g) [Repealed.]
15 V.S.A. § 1091 — VT Code / Title 15 / Chapter 20 / Section 1091
§ 1091. Costs, fees, and expenses
Status: in_force

(a) The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care expenses during the course of the proceedings.

(b) The court shall not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
15 V.S.A. § 1068 — VT Code / Title 15 / Chapter 20 / Section 1068
§ 1068. Communication between courts
Status: in_force

(a) A Vermont court may communicate with a court in another state concerning a proceeding arising under this chapter.

(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c) of this section, a record shall be made of a communication under this section. The parties shall be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
15 V.S.A. § 554 — VT Code / Title 15 / Chapter 11 / Section 554
§ 554. Decrees nisi
Status: in_force

(a) A decree of divorce from the bonds of matrimony in the first instance shall be a decree nisi and shall become absolute at the expiration of 90 days from the entry thereof but, in its discretion, the court that grants the divorce may fix an earlier date upon which the decree shall become absolute. If one of the parties dies prior to the expiration of the nisi period, the decree shall be deemed absolute immediately prior to death.

(b) Either party may file any post-trial motions under the Vermont Rules of Civil Procedure. The time within which any such motion shall be filed shall run from the date of entry of the decree of divorce and not from the date the nisi period expires. The court shall retain jurisdiction to hear and decide the motion after expiration of the nisi period. A decree of divorce shall constitute a civil judgment under the Vermont Rules of Civil Procedure.

(c) If the stated term at which the decree nisi was entered has adjourned when a motion is filed, the presiding judge of the stated term shall have power to hear and determine the matter and make new decree therein as fully as the court might have done in term time; but, in the judge's discretion, the judge may strike off the decree and continue the cause to the next stated term.
15A V.S.A. § 110 — VT Code / Title 15A / Chapter 6 / Section 110
§ 6-110. Fee for services
Status: in_force

A court, an agency, or the registry may charge a reasonable fee for services, including copying services, it performs pursuant to this article.
15 V.S.A. § 662 — VT Code / Title 15 / Chapter 11 / Section 662
§ 662. Income statements
Status: in_force

(a) A party to a proceeding under this subchapter shall file an affidavit of income and assets which shall be in a form prescribed by the court administrator. A party shall provide the affidavit of income and assets to the court and the opposing party on or before the date of the case management conference scheduled or, if no conference is scheduled, at least five business days before the date of the first scheduled hearing before the magistrate. Upon request of either party, or the court, the other party shall furnish information documenting the affidavit. The court may require a party who fails to comply with this section to pay an economic penalty to the other party.

(b) If a party fails to provide information as required under subsection (a) of this section, the court shall use the available evidence to estimate the noncomplying parent's income. Failure to provide the information required under subsection (a) of this section may create a presumption that the noncomplying parent's gross income is 150 percent of the most recently available annual average covered wage for all employment as calculated by the Department of Labor.

(c)(1) Upon a motion filed by either party or the Office of Child Support, the court may relieve a party from a final judgment or child support order upon a showing that the income used in a default child support order was inaccurate by at least 10 percent. A showing that the court used incorrect financial information shall be considered a mistake for the purposes of Rule 60 of the Vermont Rules of Civil Procedure.

(2) The motion in subdivision (1) of this subsection shall be filed within one year of the date the contested order was issued.
15 V.S.A. § 62 — VT Code / Title 15 / Chapter 3 / Section 62
§ 62. Woman marrying pending action to which she is party
Status: in_force

If an unmarried woman, who is party to an action, marries during the pendency thereof, such civil marriage may be suggested upon the record. Such action shall not abate by reason of the marriage, but shall proceed to final judgment, decree, or execution in the same manner as if she had remained unmarried.
15 V.S.A. § 631 — VT Code / Title 15 / Chapter 11 / Section 631
§ 631. Generally
Status: in_force

A divorce may be granted forthwith when either spouse has become permanently incapacitated due to a mental condition or psychiatric disability. A divorce shall not be granted under these provisions unless such person who is permanently incapacitated due to a mental condition or psychiatric disability shall have been duly and regularly confined in a psychiatric hospital, wherever located, for at least five years next preceding the commencement of the action for divorce, nor unless it shall appear to the court that such mental condition or psychiatric disability is permanent. No action shall be maintained under the provisions hereof unless the libelant is an actual resident of this State and shall have resided therein for two years next preceding the commencement of such action.
15B V.S.A. § 1201 — VT Code / Title 15B / Chapter 12 / Section 1201
§ 1201. Bases for jurisdiction over nonresident
Status: in_force

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator for any of the following:

(1) The individual is personally served with notice of the proceeding within this State.

(2) The individual submits to the jurisdiction of this State by consent in a record by entering a general appearance, or by filing with the tribunal a responsive document having the effect of waiving any contest to personal jurisdiction.

(3) The individual resided with the child in this State.

(4) The individual resided in this State and provided prenatal expenses or support for the child.

(5) The child resides in this State as a result of the acts or directives of the individual.

(6) The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse.

(7) The individual asserted parentage of a child in the putative father registry maintained in this State by the Probate Division of Superior Court in the District of Chittenden.

(8) There is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child support order of another state unless the requirements of section 1611 of this title are met, or in the case of a foreign support order, unless the requirements of section 1615 of this title are met.
15C V.S.A. § 707 — VT Code / Title 15C / Chapter 7 / Section 707
§ 707. Parental status of deceased person
Status: in_force

(a) If a person who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person's death does not preclude the establishment of the person's parentage of the child if the person otherwise would be a parent of the child under this chapter.

(b)(1) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless:

(A) the deceased person consented in a record that if assisted reproduction were to occur after the death of the deceased person, the deceased person would be a parent of the child; or

(B) the deceased person's intent to be a parent of a child conceived by assisted reproduction after the person's death is established by a preponderance of the evidence.

(2) A person is a parent of a child conceived by assisted reproduction under subdivision (1) of this subsection only if:

(A) the embryo is in utero not later than 36 months after the person's death; or

(B) the child is born not later than 45 months after the person's death.
15C V.S.A. § 806 — VT Code / Title 15C / Chapter 8 / Section 806
§ 806. Termination of gestational carrier agreement
Status: in_force

(a) A party to a gestational carrier agreement may withdraw consent to any medical procedure and may terminate the gestational carrier agreement at any time prior to any embryo transfer or implantation by giving written notice of termination to all other parties.

(b) Upon termination of the gestational carrier agreement under subsection (a) of this section, the parties are released from all obligations recited in the agreement except that the intended parent or parents remain responsible for all expenses that are reimbursable under the agreement incurred by the gestational carrier through the date of termination. The gestational carrier is entitled to keep all payments received and obtain all payments to which the gestational carrier is entitled. Neither a prospective gestational carrier nor the gestational carrier's spouse, if any, is liable to the intended parent or parents for terminating a gestational carrier agreement.
15 V.S.A. § 205 — VT Code / Title 15 / Chapter 5 / Section 205
§ 205. Order for payment; probation; recognizance
Status: in_force

Before the trial, with the consent of the respondent, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in section 202 of this title, or in addition thereto, the court, in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the respondent, may make an order that shall be subject to change by the court from time to time, as circumstances may require, directing the respondent to pay a certain sum periodically to the spouse or to the guardian or custodian of the child or to an organization or individual approved by the court as trustee or to a parent or his or her guardian. Such court may order the respondent released from custody and placed on probation, upon his or her entering into a recognizance, with or without surety, in such sum as the court, or a judge thereof in vacation, may order and approve. The condition of the recognizance shall be such that if the respondent shall make his or her personal appearance in court whenever ordered so to do and shall further comply with the terms of such order of support, or of any subsequent modification thereof, such recognizance shall be void, otherwise in full force and effect.
15 V.S.A. § 1077 — VT Code / Title 15 / Chapter 20 / Section 1077
§ 1077. Inconvenient forum
Status: in_force

(a) A Vermont court that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances, and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or a request of another court.

(b) Before determining whether it is an inconvenient forum, a Vermont court shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) the length of time the child has resided outside Vermont;

(3) the distance between the Vermont court and the court in the state that would assume jurisdiction;

(4) the relative financial circumstances of the parties;

(5) any agreement of the parties as to which state should assume jurisdiction;

(6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) the familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a Vermont court determines that it is an inconvenient forum, and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A Vermont court may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
15 V.S.A. § 1a — VT Code / Title 15 / Chapter 1 / Section 1a
§ 1a. Person forbidden to marry a relative
Status: in_force

No person shall marry his or her parent, grandparent, child, grandchild, sibling, sibling's child, or parent's sibling.
15 V.S.A. § 1014 — VT Code / Title 15 / Chapter 18 / Section 1014
§ 1014. Modification
Status: in_force

A court may modify or terminate any order granted under this section, issue any orders necessary to the enforcement of rights or the protection of parties under this section, and award costs for defending or prosecuting actions under this section.
15 V.S.A. § 293 — VT Code / Title 15 / Chapter 5 / Section 293
§ 293. When parents live separately
Status: in_force

(a) When parents of minor children, or parents and stepparents of minor children, whether said parents are married or unmarried, are living separately, on the complaint of either parent or stepparent or, if it is a party in interest, the Department for Children and Families, the Family Division of the Superior Court may make such decree concerning parental rights and responsibilities and parent-child contact as defined in section 664 of this title, and the support of the children, as in cases where either parent deserts or without just cause fails to support the children. Thereafter on the motion of either of the parents, the stepparent, or the Department for Children and Families, the court may annul, vary, or modify the decrees.

(b) Any legal presumption of parentage as set forth in 15C V.S.A. § 401 or an unrescinded acknowledgment of parentage signed by the parties and executed in accordance with 15C V.S.A. § 301 shall be sufficient basis for initiating a support action under this section without any further proceedings to establish parentage.
15 V.S.A. § 666 — VT Code / Title 15 / Chapter 11 / Section 666
§ 666. Agreements between parents
Status: in_force

(a) Any agreement between the parents that divides or shares parental rights and responsibilities shall be presumed to be in the best interests of the child.

(b) An agreement between the parties which is a complete agreement on parental rights and responsibilities shall include provisions that address at least the following:

(1) Physical living arrangements.

(2) Parent child contact.

(3) Education of the minor child.

(4) Medical, dental, and health care.

(5) Travel arrangements.

(6) Procedures for communicating about the child's welfare.

(7) If parental rights and responsibilities are to be shared or divided, procedures for resolving disputes. Such procedures may include but shall not be limited to mediation and binding arbitration.

(c) If the court finds that an agreement between the parents is not in the best interests of the child or if the court finds that an agreement was not reached voluntarily the court shall refuse to approve the agreement.
15 V.S.A. § 1101 — VT Code / Title 15 / Chapter 21 / Section 1101
§ 1101. Definitions
Status: repealed

As used in this chapter:

(1) “Abuse” means:

(A) the occurrence of one or more of the following acts between family or household members:

(i) attempting to cause or causing physical harm;

(ii) placing another in fear of imminent serious physical harm;

(iii) abuse to children as defined in 33 V.S.A. chapter 49, subchapter 2;

(iv) stalking as defined in 12 V.S.A. § 5131(6); or

(v) sexual assault as defined in 12 V.S.A. § 5131(5); or

(B) coercive controlling behavior between family or household members.

(2) “Coercive controlling behavior” means a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty. “Coercive controlling behavior” includes unreasonably engaging in any of the following:

(A) isolating the family or household member from friends, relatives or other sources of support;

(B) depriving the family or household member of basic necessities;

(C) controlling, regulating or monitoring the family or household member's movements, communications, daily behavior, finances, economic resources, or access to services;

(D) compelling the family or household member by force, threat or intimidation, including threats based on actual or suspected immigration status, to:

(i) engage in conduct from which such family or household member has a right to abstain; or

(ii) abstain from conduct that such family or household member has a right to pursue;

(E) committing or threatening to commit cruelty to animals that intimidates the family or household member; or

(F) forced sex acts or threats of a sexual nature, including threatened acts of sexual conduct, threats based on a person's sexuality, or threats to release sexual images.

(3) “Household members” means persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or minors or adults who are dating or who have dated. “Dating” means a social relationship of a romantic nature. Factors that the court may consider when determining whether a dating relationship exists or existed include:

(A) the nature of the relationship;

(B) the length of time the relationship has existed;

(C) the frequency of interaction between the parties; and

(D) the length of time since the relationship was terminated, if applicable.

(4) A “foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Rules for Family Proceedings, 33 V.S.A. chapter 69, or 12 V.S.A. chapter 178.

(5) “Other state” and “issuing state” shall mean any state other than Vermont and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(6) A “protection order” means any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts, other than support or child custody orders, whether obtained by filing an independent action or as a pendente lite order in another proceeding provided that any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.

(7) [Repealed.]
15A V.S.A. § 106 — VT Code / Title 15A / Chapter 2 / Section 106
§ 2-106. Interstate placement
Status: in_force

An adoption in this State of a minor brought into this State from another state by a prospective adoptive parent, or by a person who places the minor for adoption in this State, is governed by the laws of this State, including this title and the Interstate Compact on the Placement of Children.
15A V.S.A. § 203 — VT Code / Title 15A / Chapter 3 / Section 203
§ 3-203. Confidentiality of proceedings
Status: in_force

A civil proceeding under this title shall be heard in closed court. The court may admit persons not directly related to the proceedings on motion for good cause shown.
15 V.S.A. § 1080 — VT Code / Title 15 / Chapter 20 / Section 1080
§ 1080. Appearance of parties and child
Status: in_force

(a) In a child custody proceeding in Vermont, the court may order a party to the proceeding who is in Vermont to appear before the court in person with or without the child. The court may order any person who is in Vermont and who has physical custody or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is outside Vermont, the court may order that a notice given pursuant to section 1066 of this title include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d) If a party to a child custody proceeding who is outside Vermont is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

(e) As used in this section, the term “with or without the child” means that the court may order that the child be represented by an attorney or guardian ad litem.
15 V.S.A. § 1204 — VT Code / Title 15 / Chapter 23 / Section 1204
§ 1204. Benefits, protections, and responsibilities of parties to a civil union
Status: in_force

(a) Parties to a civil union shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a civil marriage.

(b) A party to a civil union shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” and other terms that denote the spousal relationship, as those terms are used throughout the law.

(c) Parties to a civil union shall be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons.

(d) The law of domestic relations, including annulment, separation, and divorce; child custody and support; and property division and maintenance shall apply to parties to a civil union.

(e) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which shall apply in like manner to parties to a civil union:

(1) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety);

(2) causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss of consortium, dramshop, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;

(3) probate law and procedure, including nonprobate transfer;

(4) adoption law and procedure;

(5) group insurance for State employees under 3 V.S.A. § 631, and continuing care contracts under 8 V.S.A. § 8005;

(6) spouse abuse programs under 3 V.S.A. § 18;

(7) prohibitions against discrimination based upon marital status;

(8) victim's compensation rights under 13 V.S.A. § 5351;

(9) workers' compensation benefits;

(10) laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification, including the Patient's Bill of Rights under 18 V.S.A. chapter 42 and the Nursing Home Residents' Bill of Rights under 33 V.S.A. chapter 73;

(11) advance directives under 18 V.S.A. chapter 111;

(12) family leave benefits under 21 V.S.A. chapter 5, subchapter 4A;

(13) public assistance benefits under State law;

(14) laws relating to taxes imposed by the State or a municipality;

(15) laws relating to immunity from compelled testimony and the marital communication privilege;

(16) the homestead rights of a surviving spouse under 27 V.S.A. § 105 and homestead property tax allowance under 32 V.S.A. § 6062;

(17) laws relating to loans to veterans under 8 V.S.A. § 1849;

(18) the definition of family farmer under 10 V.S.A. § 272;

(19) laws relating to the making, revoking and objecting to anatomical gifts by others under 18 V.S.A. § 5250i;

(20) State pay for military service under 20 V.S.A. § 1544;

(21) application for early voter absentee ballot under 17 V.S.A. § 2532;

(22) family landowner rights to fish and hunt under 10 V.S.A. § 4253;

(23) legal requirements for assignment of wages under 8 V.S.A. § 2235; and

(24) affirmance of relationship under 15 V.S.A. § 7.

(f) The rights of parties to a civil union, with respect to a child of whom either becomes the natural parent during the term of the civil union, shall be the same as those of a married couple, with respect to a child of whom either spouse becomes the natural parent during the marriage.
15 V.S.A. § 682 — VT Code / Title 15 / Chapter 11 / Section 682
§ 682. Final order; modification
Status: in_force

(a) If a deploying parent is required to be separated from a child as a result of deployment, a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until 90 days after the deployment ends, unless such modification is agreed to by the deploying parent.

(b) Absence created by deployment or mobilization or the potential for future deployment or mobilization shall not be the sole factor supporting a real, substantial, and unanticipated change in circumstances pursuant to section 668 of this title.
15C V.S.A. § 301 — VT Code / Title 15C / Chapter 3 / Section 301
§ 301. Acknowledgment of parentage
Status: in_force

(a) The following persons may sign an acknowledgment of parentage to establish parentage of a child:

(1) a person who gave birth to the child;

(2) a person who is the alleged genetic parent of the child;

(3) a person who is an intended parent to the child pursuant to chapter 7 or 8 of this title; and

(4) a presumed parent pursuant to chapter 4 of this title.

(b) The acknowledgment shall be signed by both the person who gave birth to the child and by the person seeking to establish a parent-child relationship and shall be witnessed and signed by at least one other person.
15B V.S.A. § 1607 — VT Code / Title 15B / Chapter 16 / Section 1607
§ 1607. Contest of registration or enforcement
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this State to the remedy sought;

(6) full or partial payment has been made;

(7) the statute of limitation under section 1604 of this title precludes enforcement of some or all of the alleged arrearages; or

(8) the alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.

(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
15C V.S.A. § 201 — VT Code / Title 15C / Chapter 2 / Section 201
§ 201. Recognized parents
Status: in_force

A person may establish parentage by any of the following:

(1) Birth. Giving birth to the child, except as otherwise provided in chapter 8 of this title.

(2) Adoption. Adoption of the child pursuant to Title 15A.

(3) Acknowledgment. An effective voluntary acknowledgment of parentage under chapter 3 of this title.

(4) Adjudication. An adjudication based on an admission of parentage under section 112 of this title.

(5) Presumption. An unrebutted presumption of parentage under chapter 4 of this title.

(6) De facto parentage. An adjudication of de facto parentage under chapter 5 of this title.

(7) Genetic parentage. An adjudication of genetic parentage under chapter 6 of this title.

(8) Assisted reproduction. Consent to assisted reproduction under chapter 7 of this title.

(9) Gestational carrier agreement. Consent to a gestational carrier agreement by the intended parent or parents under chapter 8 of this title.
15 V.S.A. § 1067 — VT Code / Title 15 / Chapter 20 / Section 1067
§ 1067. Appearance and limited immunity
Status: in_force

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in Vermont for another proceeding or purpose solely by reason of having participated or of having been physically present for the purpose of participating in the proceeding.

(b) A person who is subject to personal jurisdiction in Vermont on a basis other than physical presence is not immune from service of process in Vermont. A party present in Vermont who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) of this section shall not:

(1) extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in Vermont; or

(2) be construed to prevent the arrest of a person pursuant to a valid warrant.
15C V.S.A. § 308 — VT Code / Title 15C / Chapter 3 / Section 308
§ 308. Challenge to acknowledgment after expiration of period for rescission
Status: in_force

(a) Challenge by signatory. After the period for rescission under section 307 of this title has expired, a signatory of an acknowledgment of parentage or denial of parentage may commence a proceeding to challenge the acknowledgment or denial only:

(1) on the basis of fraud, duress, coercion, threat of harm, or material mistake of fact; and

(2) within two years after the acknowledgment or denial is effective in accordance with section 304 of this title.

(b) Challenge by person not a signatory. If an acknowledgment of parentage has been made in accordance with this chapter, a person who is neither the child nor a signatory to the acknowledgment who seeks to challenge the validity of the acknowledgment and adjudicate parentage shall commence a proceeding within two years after the effective date of the acknowledgment unless the person did not know and could not reasonably have known of the person's potential parentage due to a material misrepresentation or concealment, in which case the proceeding shall be commenced within two years after the discovery of the person's potential parentage.

(c) Burden of proof. A person challenging an acknowledgment of parentage or denial of parentage pursuant to this section has the burden of proof by clear and convincing evidence.

(d) Consolidation. A court proceeding in which the validity of an acknowledgment of parentage is challenged shall be consolidated with any other pending court actions regarding the child.
15 V.S.A. § 789 — VT Code / Title 15 / Chapter 11 / Section 789
§ 789. Wage withholding exemptions; priorities and limitations
Status: in_force

(a) A wage withholding order for a current support obligation or an obligation to pay support arrearages shall not be subject to Rule 4.2(j) of the Vermont Rules of Civil Procedure or 12 V.S.A. §§ 3167, 3169, 3170(a), (b) and (d). It shall be subject to section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

(b) A wage withholding order under this chapter shall have priority over other legal process against the same wages and shall be at least in the amount of the current support order. A wage withholding order for a current support obligation shall have priority over periodic payments to be applied to unpaid support arrearages, but shall not preclude withholding for both. No withholding for an arrearage may occur unless there is available income which is not exempt under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

(c) Wage withholding shall cease upon the termination of the obligation to pay current support or upon the repayment of all arrearages, whichever is later.

(d) If wage withholding is sought for repayment of outstanding arrearages in addition to support previously ordered, the additional amounts withheld for repayment shall not exceed twenty-five percent of the obligor's support obligation existing at the time of issuance of the wage withholding order.

(e) If arrearages exist after termination of the obligation to pay support, the amount withheld shall not be reduced until all arrearages are paid in full.

(f) If an obligor's outstanding arrearage increases by one-twelfth of the annual obligation, the Office of Child Support may notify an employer to withhold an additional amount for repayment of any outstanding arrearage that has accumulated since the issuance of the most recent court order. The total wage withholding for arrearages shall not exceed 25 percent of the obligor's support obligation unless an additional amount is requested by the obligor.

(g) The Office of Child Support shall not notify an employer to withhold an additional amount under subsection (f) of this section without first notifying the obligor of its intention to do so at the obligor's last known address as provided pursuant to subsection 783(b) of this title and giving the obligor 20 days to contest the withholding pursuant to 33 V.S.A. § 4108 on the grounds the increase would be improper due to a mistake of fact.
15 V.S.A. § 792 — VT Code / Title 15 / Chapter 11 / Section 792
§ 792. Lottery offset
Status: in_force

(a) For all Vermont Lottery games, the Commissioner of Liquor and Lottery shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding child support arrearage payable to the Office of Child Support. If the winner has a child support arrearage, the Commissioner of Liquor and Lottery shall withhold the entire amount of winnings and pay the same to the Office of Child Support. The Office of Child Support shall offset the winnings by the amount of support arrearages and the remainder of the winnings, if any, shall be sent to the winner. The obligor shall be notified by the Office of Child Support of the offset prior to payment to the obligee and given a period not to exceed 20 days to contest the accuracy of the information.

(b) The Office of Child Support shall inform the Commissioner of Liquor and Lottery of persons with child support arrearages upon request. Each liable person shall be identified by name, address, and Social Security number.

(c) This section shall apply to Tri-State Lottery games at such time as the same or similar provisions become law in Maine and New Hampshire in accordance with the Tri-State Lotto Compact.
15 V.S.A. § 1003 — VT Code / Title 15 / Chapter 17 / Section 1003
§ 1003. Instruments void
Status: in_force

Any contract or instrument executed after July 1, 1974 within this State in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished by this chapter, whether such claim or cause of action arose within or outside this State, is contrary to the public policy of this State and absolutely void. Nothing in this section shall affect the rights of parties to settle or compromise any suit duly begun or pending on July 1, 1974.
15C V.S.A. § 401 — VT Code / Title 15C / Chapter 4 / Section 401
§ 401. Presumption of parentage
Status: in_force

(a) Except as otherwise provided in this title, a person is presumed to be a parent of a child if:

(1) the person and the person who gave birth to the child are married to each other and the child is born during the marriage; or

(2) the person and the person who gave birth to the child were married to each other and the child is born not later than 300 days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or dissolution; or

(3) the person and the person who gave birth to the child married each other after the birth of the child and the person at any time asserted parentage of the child and the person agreed to be and is named as a parent of the child on the birth certificate of the child; or

(4) the person resided in the same household with the child for the first two years of the life of the child, including periods of temporary absence, and the person and another parent of the child openly held out the child as the person's child.

(b) A presumption of parentage shall be rebuttable and may be overcome and competing claims to parentage resolved only by court order or a valid denial of parentage pursuant to chapter 3 of this title.
15 V.S.A. § 1155 — VT Code / Title 15 / Chapter 21 / Section 1155
§ 1155. Disclosure of address prohibited; exceptions
Status: in_force

(a) The Secretary of State may not make a Program participant's address, other than the address designated by the Secretary, available for inspection or copying, except under the following circumstances:

(1) if requested by a law enforcement agency for a law enforcement purpose as defined in subdivision 1151(5) of this title; or

(2) if directed by a court order to a person identified in the order; or

(3) to verify the participation of a specific Program participant, in which case the Secretary may only confirm information supplied by the requester.

(b) The Secretary shall ensure by rule that:

(1) when a law enforcement agency determines it has an immediate need for a participant's actual address, disclosure of the address shall occur immediately; and

(2) in other circumstances, there is an expedited process for disclosure.

(c) The Secretary may request that an agency review its disclosure requests to determine whether such requests were appropriate.

(d) The Secretary shall provide immediate notification of disclosure to a program participant when disclosure takes place under subdivisions (a)(2) and (3) of this section.

(e)(1) No person shall knowingly and intentionally obtain a Program participant's actual address from the Secretary knowing that he or she was not authorized to obtain the address information.

(2) No employee of a state, local, or municipal agency or sheriff's department shall knowingly and intentionally disclose, with the intent to disseminate to the individual from whom the Program participant is seeking address confidentiality, a participant's actual address to a person known to the employee to be prohibited from receiving the participant's actual address, unless such disclosure is permissible by law. This subdivision is only intended to apply when an employee obtains a participant's actual address during the course of the employee's official duties and, at the time of disclosure, the employee has specific knowledge that the address disclosed belongs to a person who is participating in the Program.

(3) Nothing in this chapter shall prohibit an agency or agency employee from disclosing or providing a participant's actual address to an agency attorney providing advice to an agency or agency employee, nor shall any agency attorney be prohibited, except as set forth in section 1156 of this title, from disclosing a participant's actual address to other law enforcement employees, other agency attorneys, paralegals, or their support staff, if disclosure is related to providing such advice or to the agency attorney's representation of the agency or agency employee. In the case of law enforcement, agency attorneys shall also include the attorneys in the office of the State's Attorneys, Attorney General and the U.S. attorney. An attorney, during the course of providing advice to another person or agency, shall not be subject to the provisions set forth in subdivisions 1155(e)(1) and (2) of this title, nor shall any actionable duty arise from giving such advice.

(4) A person who violates subdivisions (1) or (2) of this subsection shall be assessed a civil penalty of not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. Nothing in this subdivision shall preclude criminal prosecution for a violation.
15 V.S.A. § 604 — VT Code / Title 15 / Chapter 11 / Section 604
§ 604. Costs on motion to revise
Status: in_force

Upon a motion to revise and alter a decree made by force of this chapter and sections 291-294 of this title, the court may award costs to either party as equity requires.
15C V.S.A. § 602 — VT Code / Title 15C / Chapter 6 / Section 602
§ 602. Requirements for genetic testing
Status: in_force

Genetic testing shall be of a type reasonably relied upon by scientific and medical experts in the field of genetic testing and performed in a testing laboratory accredited by a national association of blood banks or an accrediting body designated by the Secretary of the U.S. Department of Health and Human Services. As used in this chapter, “genetic testing” shall have the same meaning as provided in 18 V.S.A. § 9331.
15A V.S.A. § 107 — VT Code / Title 15A / Chapter 4 / Section 107
§ 4-107. Petition to adopt
Status: in_force

A petition by a stepparent to adopt a minor stepchild shall be signed and verified by the petitioner and contain the following information or state why any of the information is not contained in the petition:

(1) the information required by subdivisions 3-304(a)(1), (3), (5), and (8) through (12) and subsection 3-304(b) of this title;

(2) the current marital status of the petitioner, including the date and place of marriage, the name and date and place of birth of the petitioner's spouse and, if the spouse is deceased, the date, place, and cause of death and, if the spouse is found to be incompetent, the date on which a court declared the spouse incompetent;

(3) the length of time the minor has been residing with the petitioner and the petitioner's spouse and, if the minor is not in the physical custody of the petitioner and the petitioner's spouse, the reason why they do not have custody and when they intend to obtain custody; and

(4) the length of time the petitioner's spouse or the petitioner has had legal custody of the minor and the circumstances under which legal custody was obtained.
15A V.S.A. § 108 — VT Code / Title 15A / Chapter 1 / Section 108
§ 1-108. Recognition of adoption decree in another jurisdiction
Status: in_force

A decree or order of adoption issued by a court of any other state which is entitled to full faith and credit in this State, or a decree or order of adoption entered by a court or administrative entity in another country acting pursuant to that country's law or to any convention or treaty on intercountry adoption which the United States has ratified, has the same effect as a decree or order of adoption issued by a court of this State. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree or order were issued by a court of this State.
15A V.S.A. § 111 — VT Code / Title 15A / Chapter 4 / Section 111
§ 4-111. Dispositional hearing: decree of adoption
Status: in_force

Sections 3-701 through 3-707 of this title apply to a proceeding for adoption of a minor stepchild by a stepparent, but the court may waive the requirements of section 3-702 of this title.
15B V.S.A. § 1611 — VT Code / Title 15B / Chapter 16 / Section 1611
§ 1611. Modification of an order of another state
Status: in_force

(a) If section 1613 of this title does not apply, upon petition a tribunal of this State may modify a child support order issued in another state which is registered in this State, if after notice and hearing, it finds that:

(1) the following requirements are met:

(A) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

(B) a petitioner who is a nonresident of this State seeks modification; and

(C) the respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2) this State is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under section 1207 of this title establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.

(e) On issuance of an order by a tribunal of this State modifying a child support order issued in another state, the tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) of this section and subsection 1201(b) of this title, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:

(1) one party resides in another state; and

(2) the other party resides outside the United States.
15 V.S.A. § 1159 — VT Code / Title 15 / Chapter 21 / Section 1159
§ 1159. Custody and visitation orders
Status: in_force

Nothing in this chapter, nor participation in this Program, affects custody or visitation orders in effect prior to or during program participation.
15B V.S.A. § 1205 — VT Code / Title 15B / Chapter 12 / Section 1205
§ 1205. Continuing, exclusive jurisdiction to modify a child support order
Status: in_force

(a) A tribunal of this State that has issued a child support order consistent with the law of this State shall have and exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

(1) at the time of the filing of a request for modification, this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order, even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.

(b) A tribunal of this State that has issued a child support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if:

(1) all of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) its order is not the controlling order.

(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar which modifies a child support order of a tribunal of this State, the tribunal of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(d) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
15A V.S.A. § 502 — VT Code / Title 15A / Chapter 3 / Section 502
§ 3-502. Time and content of petition
Status: in_force

(a) A petition under this part may be filed at any time before entry of a decree of adoption.

(b) The petition shall be signed and verified by the petitioner, filed with the court, and state:

(1) the name and address of the petitioner;

(2) the name of the minor;

(3) the name and last known address of the parent or alleged parent whose parental relationship the petitioner seeks to terminate;

(4) the facts and circumstances forming the basis for the petition and the grounds on which termination of a parental relationship is sought;

(5) if the petitioner is a prospective adoptive parent, that the petitioner intends to proceed with the petition to adopt the minor if the petition to terminate is granted; and

(6) if the petitioner is a parent, a guardian, or an agency, that the petitioner has placed or intends to place the minor for adoption.
15 V.S.A. § 1065 — VT Code / Title 15 / Chapter 20 / Section 1065
§ 1065. Priority
Status: in_force

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
15B V.S.A. § 1305 — VT Code / Title 15B / Chapter 13 / Section 1305
§ 1305. Duties and powers of responding tribunal
Status: in_force

(a) When a responding tribunal of this State or the Office of Child Support receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection 1301(b) of this title, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b) A responding tribunal of this State or the Office of Child Support, to the extent not prohibited by other law, may do one or more of the following:

(1) issue or enforce a support order, modify a child support order, determine the controlling child support order, or render a judgment to determine parentage;

(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and State computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this State shall include in a support order issued under this title, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this State may not condition the payment of a support order issued under this title upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this State issues an order under this title, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
15 V.S.A. § 1102 — VT Code / Title 15 / Chapter 21 / Section 1102
§ 1102. Jurisdiction and venue
Status: in_force

(a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this chapter.

(b) Emergency orders under section 1104 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court.

(c) Proceedings under this chapter may be commenced in the county in which the plaintiff resides. If the plaintiff has left the residence or household to avoid abuse, the plaintiff shall have the option to bring an action in the county of the previous residence or household or the county of the new residence or household.
15 V.S.A. § 1082 — VT Code / Title 15 / Chapter 20 / Section 1082
§ 1082. Enforcement under Hague Convention
Status: in_force

Under this subchapter, a Vermont court may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
15A V.S.A. § 701 — VT Code / Title 15A / Chapter 3 / Section 701
§ 3-701. Time for hearing on petition
Status: in_force

The hearing on the petition shall take place no sooner than 180 days after the minor has been placed in the home of the adopting parent. For good cause, the court may shorten the time for the hearing.
15B V.S.A. § 1208 — VT Code / Title 15B / Chapter 12 / Section 1208
§ 1208. Child support orders for two or more obligees
Status: in_force

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this State.
15B V.S.A. § 1712 — VT Code / Title 15B / Chapter 17 / Section 1712
§ 1712. Personal information; limitation on use
Status: in_force

Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.
15 V.S.A. § 1086 — VT Code / Title 15 / Chapter 20 / Section 1086
§ 1086. Enforcement of registered determination
Status: in_force

(a) A Vermont court may grant any relief normally available under Vermont law to enforce a registered child custody determination made by a court of another state.

(b) A Vermont court shall recognize and enforce but may not modify, except in accordance with subchapter 2 of this chapter, a registered child custody determination of a court of another state.
15 V.S.A. § 206 — VT Code / Title 15 / Chapter 5 / Section 206
§ 206. Proceedings on failure to comply
Status: in_force

If the court is satisfied by information and due proof under oath that the respondent has violated the terms of such order, it may forthwith proceed with the trial of the respondent under the original charge, or sentence him or her under the original conviction or enforce the suspended sentence, as the case may be. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered, in the discretion of the court, may be paid in whole or in part to the spouse or to the guardian, custodian or trustee of the child, or to a parent or his or her guardian.
15A V.S.A. § 603 — VT Code / Title 15A / Chapter 3 / Section 603
§ 3-603. Time and filing of evaluation
Status: in_force

(a) The evaluator shall complete a written evaluation and file it with the court within 60 days after receipt of the court's order for an evaluation, unless the court for good cause allows a later filing.

(b) If an evaluation produces a concern, as described in subsection 2-204(a) of this title, the evaluation shall be filed immediately and shall explain why the concern poses a risk of harm to the physical or psychological well-being of the minor.

(c) An evaluator shall give the petitioner a copy of an evaluation when filed with the court and for two years shall retain a copy and a list of every source for each item of information in the evaluation.

(d) A person who prepares an evaluation may charge a reasonable fee based on the time spent in conducting and writing the evaluation.

(e) An evaluation fee is subject to review by the court.
15 V.S.A. § 633 — VT Code / Title 15 / Chapter 11 / Section 633
§ 633. Duty of State's Attorney
Status: in_force

The State's Attorney upon whom the complaint and summons in such action shall be served shall appear for such defendant and defend the same. No divorce shall be granted unless the provisions of this section have been complied with.
15C V.S.A. § 603 — VT Code / Title 15C / Chapter 6 / Section 603
§ 603. Court order for testing
Status: in_force

(a) Order to submit to genetic testing. Except as provided in section 615 of this title or as otherwise provided in this chapter, upon motion the court may order a child and other persons to submit to genetic testing.

(b) Presumption of genetic parentage. Genetic testing of the person who gave birth to a child shall not be ordered to prove that such person is the genetic parent unless there is a reasonable, good faith basis to dispute genetic parentage.

(c) In utero testing. A court shall not order in utero genetic testing.

(d) Concurrent or sequential testing. If two or more persons are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
15A V.S.A. § 301 — VT Code / Title 15A / Chapter 3 / Section 301
§ 3-301. Standing to petition to adopt
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, the only persons who have standing to petition to adopt a minor under this article are:

(1) a person with whom a minor has been placed for adoption or who has been selected as a prospective adoptive parent by a person authorized under this title to place the minor for adoption; or

(2) a person with whom a minor has not been placed for adoption or who has not been selected or rejected as a prospective adoptive parent pursuant to Article 2, Part 1 and Part 2 of this title, but who has had physical custody of the minor for at least six months immediately before seeking to file a petition for adoption and is allowed to file the petition by the court for good cause shown.

(b) The spouse of a petitioner shall consent to the petition unless judicially declared incompetent.

(c) A petition for adoption of a minor stepchild by a stepparent may be filed under Article 4 of this title and a petition for adoption of an emancipated minor may be filed under Article 5 of this title.
15A V.S.A. § 103 — VT Code / Title 15A / Chapter 2 / Section 103
§ 2-103. Placement for adoption by agency
Status: in_force

(a) An agency authorized to place a minor for adoption shall furnish to a person who inquires about its services a written statement of its services, including the agency's procedure for selecting a prospective adoptive parent for a minor, the role of the parent or guardian in the selection, and a schedule of its fees.

(b) A parent shall be informed that he or she may indicate preferences for the selection of the adoptive parent, and may be involved in the selection of the adoptive parent.

(c) An agency that places a minor for adoption shall authorize in writing the prospective adoptive parent to provide support and medical and other care for the minor pending entry of a decree of adoption. The prospective adoptive parent shall acknowledge in writing responsibility for the minor's support and medical and other care.

(d) An agency shall inform the adoptive parents about any known unique requirements or special needs of the child and the services available to assist with meeting those needs, including any adoption subsidy for which the child may be eligible.

(e) Upon request by a parent who has relinquished a minor child pursuant to Part 4 of this article, the agency shall promptly inform the parent as to whether the minor has been placed for adoption, whether a petition for adoption has been granted, denied, or withdrawn, and, if the petition was not granted, whether another placement has been made.
15C V.S.A. § 105 — VT Code / Title 15C / Chapter 1 / Section 105
§ 105. Standing to maintain proceeding
Status: in_force

Subject to other provisions of this chapter, a proceeding to adjudicate parentage may be maintained by:

(1) the child;

(2) the person who gave birth to the child unless a court has adjudicated that the person is not a parent or the person is a gestational carrier who is not a parent under subdivision 803(1)(A) of this title;

(3) a person whose parentage is to be adjudicated;

(4) a person who is a parent under this title;

(5) the Department for Children and Families, including the Office of Child Support; or

(6) a representative authorized by law to act for a person who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.
15 V.S.A. § 1083 — VT Code / Title 15 / Chapter 20 / Section 1083
§ 1083. Duty to enforce
Status: in_force

(a) A Vermont court shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and if the determination has not been modified in accordance with this chapter.

(b) A Vermont court may utilize any remedy available under Vermont law to enforce a child custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
15A V.S.A. § 101 — VT Code / Title 15A / Chapter 9 / Section 101
§ 9-101. Enforcement, modification, and termination of postadoption contact agreements
Status: in_force

(a) An adoptive parent may petition the court to modify or terminate a postadoption contact agreement entered into under 33 V.S.A. § 5124 if the adoptive parent believes the best interests of the child are being compromised by the terms of the agreement. In an action brought under this section, the burden of proof shall be on the adoptive parent to show by clear and convincing evidence that the modification or termination of the agreement is in the best interests of the child.

(b) A former parent may petition for enforcement of a postadoption contact agreement entered into under 33 V.S.A. § 5124 if the adoptive parent is not in compliance with the terms of the agreement. In an action brought under this section, the burden of proof shall be on the former parent to show by a preponderance of the evidence that enforcement of the agreement is in the best interests of the child.

(c) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption.

(d) The court shall not act on a petition to modify or enforce the agreement unless the petitioner had in good faith participated or attempted to participate in mediation or alternative dispute resolution proceedings to resolve the dispute prior to bringing the petition for enforcement.

(e) Parties to the proceeding shall be the individuals who signed the original agreement created under 33 V.S.A. § 5124. The adopted child, if 14 years of age or older, may also participate. The Department for Children and Families shall not be required to be a party to the proceeding and the court shall not order further investigation or evaluation by the Department.

(f) The court may order the communication or contact be terminated or modified if the court deems such termination or modification to be in the best interests of the child. In making a best interests determination, the court may consider:

(1) the protection of the physical safety of the adopted child or other members of the adoptive family;

(2) the emotional well-being of the adopted child;

(3) whether enforcement of the agreement undermines the adoptive parent's parental authority; and

(4) whether, due to a change in circumstances, continued compliance with the agreement would be unduly burdensome to one or more of the parties.

(g) A court-imposed modification of the agreement may limit, restrict, condition, or decrease contact between the former parents and the child, but in no event shall a court-imposed modification serve to expand, enlarge, or increase the amount of contact between the former parents and the child or place new obligations on the adoptive parents.

(h) A hearing held to enforce, modify, or terminate an agreement for postadoption contact shall be confidential.

(i) Failure to comply with the agreement or petitioning the court to enforce, modify, or terminate an agreement shall not form the basis for an award of monetary damages.

(j) An agreement for postadoption contact or communication under 33 V.S.A. § 5124 shall cease to be enforceable on the date the adopted child turns 18 years of age or upon dissolution of the adoption.
15 V.S.A. § 1066 — VT Code / Title 15 / Chapter 20 / Section 1066
§ 1066. Notice to persons outside State
Status: in_force

(a) Notice required for the exercise of jurisdiction when a person is outside Vermont may be given in a manner prescribed by the law of Vermont for service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of Vermont or by the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
15 V.S.A. § 689 — VT Code / Title 15 / Chapter 11 / Section 689
§ 689. Attorney's fees
Status: in_force

In making determinations pursuant to this subchapter, the court may award attorney's fees and costs based on the court's consideration of:

(1) Unreasonable failure of either party to accommodate the other party in parental rights and responsibilities or parent-child contact matters related to a deploying parent. A parent's refusal to accommodate the other parent shall not be considered unreasonable if the parent demonstrates a reasonable fear for his or her safety or the safety of his or her child.

(2) Unreasonable delay caused by either party in resolving parental rights and responsibilities or parent-child contact related to a deploying parent.

(3) Failure of either party to provide timely information about income and earnings information to the other party.

(4) Other factors as the court may consider appropriate and as may be required by law.
15 V.S.A. § 1172 — VT Code / Title 15 / Chapter 21 / Section 1172
§ 1172. Purpose; powers; duties
Status: repealed

(a) The Council shall:

(1) facilitate opportunities for dialogue, advocacy, education, and support among State agencies, advocacy groups, and the public;

(2) collect, review, and analyze data and information relating to domestic violence;

(3) provide assistance in developing effective responses to domestic violence, including model policies and procedures, prevention and education initiatives, and domestic-violence-related programs for the criminal justice and human services sectors; specifically, the Council shall work with the Department of State's Attorneys and Sheriffs and the Department of Corrections to develop recommendations for practice in evidence-based prosecution, risk assessment with domestic violence offenders, the use of deferred sentences in domestic violence cases, standardized probation conditions for domestic violence offenders, appropriate programming options for domestic violence offenders, and strategies for addressing victims of domestic violence who commit crimes as a result of the coercion of a batterer;

(4) recommend changes in State programs, laws, administrative regulations, policies, and budgets related to domestic violence;

(5) establish and maintain standards for intervention programs for perpetrators of domestic violence, and develop a process for certifying that programs are complying with the standards;

(6) review and comment upon legislation relating to domestic violence introduced in the General Assembly at the request of any member of the General Assembly or on its own initiative; and

(7) study the issue of employment discrimination against victims of domestic violence and suggest model workplace protections and policies.

(b) The Council shall collaborate with the Vermont Fatality Review Commission to develop strategies for implementing the Commission's recommendations.

(c) [Repealed.]
15 V.S.A. § 103 — VT Code / Title 15 / Chapter 3 / Section 103
§ 103. Determination of amount contributed to property by husband; sole and separate deed of wife
Status: in_force

If it appears to the presiding judge that such real estate was acquired by such married woman, in whole or in part, otherwise than by gift or conveyance from her husband, and otherwise than as a result of his industry, accumulations, or savings, and that her needs or comforts or the needs or comforts of her minor children require the income or proceeds of such real estate or her interest therein, the judge shall determine what amount, if any, the husband has contributed toward such property. Such judge shall authorize such married woman to sell and convey such real estate by her sole and separate deed upon payment or tender to her husband of such sum, if any, as the judge finds he has contributed to the purchase of such property, to be proportionately increased or decreased to correspond with any material change in value, found by the judge, of such property subsequent to the date of the first contribution, if any made by the husband. Such deed shall have the same effect to pass title to such property as if joined in by the husband.
15 V.S.A. § 795 — VT Code / Title 15 / Chapter 11 / Section 795
§ 795. Licenses or governmental contracts
Status: in_force

(a) As used in this section:

(1) “Agency” means any unit of state government, including agencies, departments, boards, commissions, authorities, or public corporations.

(2) “License” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in recreational activities, including the license to hunt, fish, or trap.

(3) “Contract” means a contract for the provision of goods, services or real estate space.

(b) Every applicant for a license shall sign a statement that the applicant is not subject to a child support order, or if subject to a child support order is in good standing with respect to the order or in full compliance with a plan to pay any and all child support payable under a support order as of the date the application is filed. A license may not be issued or renewed without such a statement.

(c) No agency shall enter into, extend, or renew any contract unless the person submits a statement that the person is not under an obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date the contract is made.

(d) For the purposes of this section, a person is in good standing with respect to any and all support payable if:

(1) less than one-twelfth of the annual support obligation is overdue; or

(2) liability for any support payable is being contested in a judicial or quasi-judicial proceeding; or

(3) the person is in compliance with a repayment plan approved by the office of child support or agreed to by the parties; or

(4) in the case of a licensee, the licensing agency finds that requiring immediate payment of support due and payable would impose an unreasonable hardship.
15 V.S.A. § 603 — VT Code / Title 15 / Chapter 11 / Section 603
§ 603. Contempt
Status: in_force

(a) Nonfinancial obligations. If a person disobeys a lawful order of the Family Division made under the provisions of this chapter and the order does not relate to payment of a financial obligation, the person may be subject to proceedings for civil contempt as provided by 12 V.S.A. § 122.

(b) Financial obligations. If a person disobeys a lawful order of the Family Division made under the provisions of this chapter and the order creates a financial obligation, including payment of child support, spousal maintenance, or a lump sum property settlement, the person may be subject to proceedings for civil contempt as provided by 12 V.S.A. § 122 and the provisions set forth herein.

(c) Parties. The Office of Child Support may institute proceedings in all cases in which the Office provides services under Title IV-D of the Social Security Act to either or both parties.

(d) Notice of hearing. The person against whom the contempt proceedings are brought shall be served with a notice of a hearing ordering the person to appear at the hearing to show cause why he or she should not be held in contempt. The notice shall inform the person that failure to appear at the hearing may result in the issuance of an arrest warrant directing a law enforcement officer to transport the person to court.

(e) Rebuttable presumption of ability to comply. A person who is subject to a court-ordered financial obligation and who has received notice of such obligation shall be presumed to have the ability to comply with the order. In a contempt proceeding, the noncomplying party may overcome the presumption by demonstrating that, due to circumstances beyond his or her control, he or she did not have the ability to comply with the court-ordered obligation.

(f) Finding of contempt. A person may be held in contempt of court if the court finds all of the following:

(1) The person knew or reasonably should have known that he or she was subject to a court-ordered obligation.

(2) The person has failed to comply with the court order. If the failure to comply involves a failure to pay child support or spousal maintenance, the person who brings the action has the burden to establish the total amount of the obligation, the amount unpaid, and any unpaid surcharges or penalties.

(3) The person has willfully violated the court order in that he or she had the ability to comply with the order and failed to do so.

(g) Findings of fact. The court shall make findings of fact on the record based on the evidence presented that may include direct or circumstantial evidence.

(h) Order upon finding of contempt. Upon a finding of contempt, the court shall determine appropriate sanctions to obtain compliance with the court order. The court may order any of the following:

(1) The person to perform a work search and report the results of his or her search to the court or to the Office of Child Support, or both.

(2) The person to participate in an employment services program, which may provide referrals for employment, training, counseling, or other services, including those listed in section 658 of this title. Any report provided from such a program shall be presumed to be admissible without the appearance of a witness from the program in accordance with the provisions in 4 V.S.A. § 466(f).

(3) The person to appear before a reparative board. The person shall return to court for further orders if:

(A) the reparative board does not accept the case; or

(B) the person fails to complete the Reparative Board Program to the satisfaction of the board in a time deemed reasonable by the board.

(4) Incarceration of the person unless he or she complies with purge conditions established by the court. A court may order payment of all or a portion of the unpaid financial obligation as a purge condition, providing that the court finds that the person has the present ability to pay the amount ordered and sets a date certain for payment. If the purge conditions are not met by the date established by the court and the date set for payment is within 30 days of finding of ability to pay, the court may issue a mittimus placing the contemnor in the custody of the Commissioner of Corrections.

(A) As long as the person remains in the custody of the Commissioner of Corrections, the court shall schedule the case for a review hearing every 15 days.

(B) The Commissioner shall immediately release such a person from custody upon the contemnor's compliance with the purge conditions ordered by the court.

(C) The Commissioner may, in his or her sole discretion, place the contemnor on home confinement furlough or work crew furlough without prior approval of the court.

(5) Orders and conditions as the court deems appropriate.

(i) Finding of present ability to pay. A finding of present ability to pay a purge condition shall be effective for up to 30 days from the date of the finding. In determining present ability to pay for purposes of imposing necessary and appropriate coercive sanctions to bring the noncomplying person into compliance and purge the contempt, the court may consider:

(1) A person's reasonable ability to use or access available funds or other assets to make all or a portion of the amount due by a date certain set by the court.

(2) A person's reasonable ability to obtain sufficient funds necessary to pay all or a portion of the amount due by a date certain set by the court, as demonstrated by the person's prior payment history and ability to comply with previous contempt orders.
15 V.S.A. § 1096 — VT Code / Title 15 / Chapter 20 / Section 1096
§ 1096. Effective date and transitional provision
Status: in_force

This chapter shall take effect July 1, 2011. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this chapter is governed by the law in effect at the time the motion or other request was made.
15C V.S.A. § 703 — VT Code / Title 15C / Chapter 7 / Section 703
§ 703. Parentage of child of assisted reproduction
Status: in_force

A person who consents under section 704 of this title to assisted reproduction by another person with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.
15A V.S.A. § 102 — VT Code / Title 15A / Chapter 5 / Section 102
§ 5-102. Legal consequences of adoption
Status: in_force

The legal consequences of an adoption of an adult or emancipated minor are the same as under sections 1-103 through 1-106 of this title, but the legal consequences of adoption of an adult stepchild by an adult stepparent are the same as under section 4-102 of this title.
15A V.S.A. § 112 — VT Code / Title 15A / Chapter 4 / Section 112
§ 4-112. Visitation agreement and order
Status: in_force

(a) Upon the request of the petitioner, the petitioner's spouse, the adoptee's other parent, or a relative of the adoptee, the court shall review a written agreement that permits another person to visit or communicate with the minor after the decree of adoption becomes final. The agreement shall be signed by the person, the petitioner, the petitioner's spouse, the minor if 14 years of age or older, and, if an agency placed the minor for adoption, an authorized employee of the agency.

(b) The court may enter an order approving the agreement only upon determining that the agreement is in the best interests of the minor adoptee. In making this determination, the court shall consider:

(1) the preference of the minor, if the minor is mature enough to express a preference;

(2) any special needs of the minor and how they would be affected by performance of the agreement;

(3) the length and quality of any existing relationship between the minor and the person who would be entitled to visit or communicate, and the likely effect on the minor of allowing this relationship to continue;

(4) the specific terms of the agreement and the likelihood that the parties to the agreement will cooperate in performing its terms;

(5) the recommendation of the minor's guardian ad litem, attorney, social worker, or other counselor; and

(6) any other factor relevant to the best interests of the minor.

(c) In addition to any agreement approved pursuant to subsections (a) and (b) of this section, the court may approve the continuation of an existing order or issue a new order permitting the minor adoptee's former parent, grandparent, or sibling to visit or communicate with the minor if:

(1) the grandparent is the parent of a deceased parent of the minor or the parent of the adoptee's parent whose parental relationship to the minor is terminated by the decree of adoption;

(2) the former parent, grandparent, or sibling requests that an existing order be permitted to survive the decree of adoption or that a new order be issued; and

(3) the court determines that the requested visitation or communication is in the best interests of the minor.

(d) In making a determination under subdivision (c)(3) of this section, the court shall consider the factors listed in subsection (b) and any objections to the requested order by the adoptive stepparent and the stepparent's spouse.

(e) An order issued under this section may be enforced in a civil action only if the court finds that enforcement is in the best interests of a minor adoptee.

(f) An order issued under this section may not be modified unless the court finds that modification is in the best interests of a minor adoptee, and:

(1) the persons subject to the order request the modification; or

(2) exceptional circumstances arising since the order was issued justify the modification.

(g) Failure to comply with the terms of an order approved under this section or with any other agreement for visitation or communication is not a ground for revoking, setting aside, or otherwise challenging the validity of a consent, relinquishment, or adoption pertaining to a minor stepchild, and the validity of the consent, relinquishment, and adoption is not affected by any later action to enforce, modify, or set aside the order or agreement.
15B V.S.A. § 1702 — VT Code / Title 15B / Chapter 17 / Section 1702
§ 1702. Applicability
Status: in_force

This chapter must apply only to a support proceeding under the Convention. In such a proceeding, if a provision of this chapter is inconsistent with chapters 11 through 16 of this title, this chapter must control.
15C V.S.A. § 309 — VT Code / Title 15C / Chapter 3 / Section 309
§ 309. Procedure for rescission or challenge
Status: in_force

(a) Every signatory party. Every signatory to an acknowledgment of parentage and any related denial of parentage shall be made a party to a proceeding under section 307 or 308 of this title to rescind or challenge the acknowledgment or denial.

(b) Submission to personal jurisdiction. For the purpose of rescission of or challenge to an acknowledgment of parentage or denial of parentage, a signatory submits to personal jurisdiction of this State by signing the acknowledgment or denial, effective upon the filing of the document with the Department of Health pursuant to section 304 of this title.

(c) Suspension of legal responsibilities. Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage, the court shall not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

(d) Proceeding to rescind or challenge. A proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage shall be conducted as a proceeding to adjudicate parentage pursuant to chapter 1 of this title.

(e) Amendment to birth record. At the conclusion of a proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage, the court shall order the Department of Health to amend the birth record of the child, if appropriate.
15C V.S.A. § 805 — VT Code / Title 15C / Chapter 8 / Section 805
§ 805. Exclusive, continuing jurisdiction
Status: in_force

Subject to the jurisdictional standards of 15 V.S.A. § 1071, the court conducting a proceeding under this chapter has exclusive, continuing jurisdiction of all matters arising out of the gestational carrier agreement until a child born to the gestational carrier during the period governed by the agreement attains the age of 180 days.
15 V.S.A. § 788 — VT Code / Title 15 / Chapter 11 / Section 788
§ 788. Parent's responsibility
Status: in_force

(a) Any parent subject to a child support or parental rights and responsibilities order shall notify in writing the court that issued the most recent order and the Office of Child Support of the parent's current mailing address and current residence address and of any change in either address within seven business days after the change, until all obligations to pay support or support arrearages, or to provide for parental rights and responsibilities are satisfied. For good cause, the court may keep information provided under this subsection confidential.

(b) When a wage withholding order is in effect, either parent shall notify in writing the registry of the name and address of a new employer within seven days after commencing new employment. If the Registry has received information that a parent has changed employment, it shall notify the other parent of the fact of the change but shall not disclose the identity or the location of the employer. On request of a parent, the Registry shall provide information on the other parent's wages.

(c)(1) In all cases in which a temporary or final order for relief from abuse has been entered, information provided under this section shall be kept confidential by the court. The court, for good cause shown, may release such information.

(2) For purposes of this subsection, good cause shall be deemed established when:

(A) a party to the relief from the abuse order consents to the release of the party's own information, in which case the court may release that party's information; or

(B) the temporary or final order for relief from abuse is no longer in effect.
15 V.S.A. § 1085 — VT Code / Title 15 / Chapter 20 / Section 1085
§ 1085. Registration of child custody determination
Status: in_force

(a) A child custody determination issued by a court of another state may be registered in Vermont, with or without a simultaneous request for enforcement, by sending to the Family Division of the Superior Court in the county in which a person listed in subdivision (3) of this subsection or the child resides:

(1) a letter or other document requesting registration;

(2) two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(3) except as otherwise provided in section 1079 of this title, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a) of this section, the Family Division of the Superior Court shall:

(1) send the certified copy of the determination to the Court Administrator who shall file it as a foreign judgment; and

(2) serve notice upon the persons named pursuant to subdivision (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(c) The notice required by subdivision (b)(2) of this section shall state that:

(1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a Vermont court;

(2) a hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and

(3) failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(d) A person seeking to contest the validity of a registered order must request a hearing before the court in the county in which such person or the child resides within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(1) the issuing court did not have jurisdiction under subchapter 2 of this chapter;

(2) the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; or

(3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 1066 of this title in the proceedings before the court that issued the order for which registration is sought.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law, and the person requesting registration and all persons served shall be notified of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
15A V.S.A. § 201 — VT Code / Title 15A / Chapter 2 / Section 201
§ 2-201. Preplacement evaluation required
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d) of this section, only a person for whom a favorable written preplacement evaluation has been prepared may accept custody of a minor for purposes of adoption.

(b) An evaluation is valid if it was completed or updated within the 12 months preceding the placement of the minor with the person for adoption.

(c) A court may waive all or a portion of the requirement of a preplacement evaluation for good cause shown, but a person who is the subject of a waiver shall be evaluated during the pendency of a proceeding for adoption.

(d) A preplacement evaluation is not required if a parent or guardian places a minor directly with a relative of the minor for purposes of adoption, but an evaluation of the relative is required during the pendency of a proceeding for adoption.
15 V.S.A. § 757 — VT Code / Title 15 / Chapter 11 / Section 757
§ 757. Security for payment
Status: in_force

When maintenance or other annual allowance is granted to either spouse or children, the court may require sufficient security to be given for payment thereof, according to the terms of the judgment.
15B V.S.A. § 1903 — VT Code / Title 15B / Chapter 19 / Section 1903
§ 1903. Vermont Rules of Family Proceedings
Status: in_force

The Vermont Rules of Family Proceedings shall apply to all proceedings before the tribunal of this State under this title.
15A V.S.A. § 204 — VT Code / Title 15A / Chapter 2 / Section 204
§ 2-204. Determining suitability to be adoptive parent
Status: in_force

(a) An evaluator shall assess the information required by section 2-203 of this title to determine whether it raises a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor.

(b) If an evaluator determines that the information assessed does not raise a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor, the evaluator shall find that the person is suited to be an adoptive parent. The evaluator may comment about any factor that in the evaluator's opinion makes the person suited in general or for a particular minor.

(c) If an evaluator determines that the information assessed raises a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor, the evaluator, on the basis of the original or any further investigation, shall find that the person is or is not suited to be an adoptive parent. The evaluator shall support the finding with a written explanation.
15C V.S.A. § 802 — VT Code / Title 15C / Chapter 8 / Section 802
§ 802. Gestational carrier agreement
Status: in_force

(a) Written agreement. A prospective gestational carrier, that person's spouse, and the intended parent or parents may enter into a written agreement that:

(1) the prospective gestational carrier agrees to pregnancy by means of assisted reproduction;

(2) the prospective gestational carrier and that person's spouse have no rights and duties as the parents of a child conceived through assisted reproduction; and

(3) the intended parent or parents will be the parents of any resulting child.

(b) Enforceability. A gestational carrier agreement is enforceable only if it meets the following requirements:

(1) The agreement shall be in writing and signed by all parties.

(2) The agreement shall not require more than a one-year term to achieve pregnancy.

(3) At least one of the parties shall be a resident of this State.

(4) The agreement shall be executed before the commencement of any medical procedures other than the medical evaluations required by section 801 of this title and, in every instance, before transfer of embryos.

(5) The gestational carrier and the intended parent or parents shall meet the eligibility requirements of section 801 of this title.

(6) If any party is married, the party's spouse shall be a party to the agreement.

(7) The gestational carrier and the intended parent or parents shall be represented by independent legal counsel in all matters concerning the agreement and each counsel shall affirmatively so state in a written declaration attached to the agreement. The declarations shall state that the agreement meets the requirements of this title and shall be solely relied upon by health care providers and staff at the time of birth and by the Department of Health for birth registration and certification purposes.

(8) The parties to the agreement shall sign a written acknowledgment of having received a copy of the agreement.

(9) The signing of the agreement shall be witnessed and signed by at least one other person.

(10) The agreement shall expressly provide that the gestational carrier:

(A) shall undergo assisted reproduction and attempt to carry and give birth to any resulting child;

(B) has no claim to parentage of all resulting children to the intended parent or parents immediately upon the birth of the child or children regardless of whether a court order has been issued at the time of birth; and

(C) shall acknowledge the exclusive parentage of the intended parent or parents of all resulting children.

(11) If the gestational carrier is married, the carrier's spouse:

(A) shall acknowledge and agree to abide by the obligations imposed on the gestational carrier by the terms of the gestational carrier agreement;

(B) has no claim to parentage of any resulting children to the intended parent or parents immediately upon the birth of the children regardless of whether a court order has been issued at the time of birth; and

(C) shall acknowledge the exclusive parentage of the intended parent or parents of all resulting children.

(12) The gestational carrier shall have the right to use the services of a health care provider or providers of the gestational carrier's choosing to provide care during the pregnancy.

(13) The intended parent or parents shall:

(A) be the exclusive parent or parents and accept parental rights and responsibilities of all resulting children immediately upon birth regardless of the number, gender, or mental or physical condition of the child or children; and

(B) assume responsibility for the financial support of all resulting children immediately upon the birth of the children.

(c) Medical evaluations. If requested by a party or the court, a party shall provide records to the court and other parties related to the medical evaluations conducted pursuant to section 801 of this title.

(d) Reasonable consideration and expenses. Except as provided in section 809 of this title, a gestational carrier agreement may include provisions for payment of consideration and reasonable expenses to a prospective gestational carrier, provided they are negotiated in good faith between the parties.

(e) Decision of gestational carrier. A gestational agreement shall permit the gestational carrier to make all health and welfare decisions regarding the gestational carrier's health and pregnancy and shall not enlarge or diminish the gestational carrier's right to terminate the pregnancy.

(f) A surrogacy agreement that substantially complies with this section and section 801 of this title is enforceable.
15C V.S.A. § 204 — VT Code / Title 15C / Chapter 2 / Section 204
§ 204. Determination of maternity and paternity
Status: in_force

Provisions of this title relating to determination of paternity may apply to determination of maternity as needed to determine parentage consistent with this title.
15A V.S.A. § 101 — VT Code / Title 15A / Chapter 4 / Section 101
§ 4-101. Standing to adopt minor stepchild
Status: in_force

(a) A stepparent has standing under this article to petition to adopt a minor stepchild who is the child of the stepparent's spouse if:

(1) the spouse has sole legal and physical custody of the child and the child has been in the physical custody of the spouse and the stepparent during the six months prior to the filing of a petition for adoption;

(2) the spouse has joint legal custody of the child with the child's other parent and the child has resided primarily with the spouse and the stepparent during the 12 months next preceding the filing of the petition;

(3) the spouse is deceased or mentally incompetent, but before dying or being judicially declared mentally incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the 12 months prior to the filing of the petition; or

(4) an agency placed the child with the stepparent pursuant to section 2-103 of this title.

(b) For good cause shown, a court may allow a person who does not meet the requirements of subdivisions (a)(1) through (4) of this section, but has the consent of the custodial parent of a minor to file a petition for adoption under this article. A petition allowed under this subsection shall be treated as if the petitioner were a stepparent.

(c) A petition for adoption by a stepparent may be joined with a petition under Article 3, Part 5 of this title to terminate the relationship of parent and child between a minor adoptee and the adoptee's parent who is not the stepparent's spouse.
15 V.S.A. § 594 — VT Code / Title 15 / Chapter 11 / Section 594
§ 594. Representation and testimony of child
Status: in_force

(a) The court may appoint an attorney to represent the interests of a minor or dependent child with respect to child support and the allocation of parental rights and responsibilities.

(b) The court shall appoint an attorney for a minor child before the minor child is called as a witness in a proceeding under this chapter. The child may only be called as a witness if the court finds after hearing that:

(1) the child's testimony is necessary to assist the court in determining the issue before it;

(2) the probative value of the child's testimony outweighs the potential detriment to the child; and

(3) the evidence sought is not reasonably available by any other means.

(c) The examination of the child may be conducted by the court in chambers in the presence of such other persons as the court may specify and shall be recorded by a court reporter.

(d) The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney. The order shall be made against either or both parents, except that, if the responsible party is indigent, the costs, fees, and disbursements shall be borne as provided by rule of court. (1971, No. 238 (Adj. Sess.), § 2, eff. April 6, 1972; amended 1985, No. 181 (Adj. Sess.), § 9.)
15C V.S.A. § 702 — VT Code / Title 15C / Chapter 7 / Section 702
§ 702. Parental status of donor
Status: in_force

(a) A donor is not a parent of a child conceived through assisted reproduction.

(b) Notwithstanding subsection (a) of this section:

(1) a person who provides a gamete or gametes or an embryo or embryos to be used for assisted reproduction for the person's spouse is a parent of the resulting child; and

(2) a person who provides a gamete or an embryo for assisted reproduction is a parent of the resulting child if the person has a written agreement or agreements with the person giving birth that the person providing the gamete or the embryo is intended to be a parent.
15C V.S.A. § 502 — VT Code / Title 15C / Chapter 5 / Section 502
§ 502. Standing; petition
Status: in_force

(a) A person seeking to be adjudicated a de facto parent of a child shall file a petition with the Family Division of the Superior Court before the child reaches 18 years of age. Both the person seeking to be adjudicated a de facto parent and the child must be alive at the time of the filing. The petition shall include a verified affidavit alleging facts to support the existence of a de facto parent relationship with the child. The petition and affidavit shall be served on all parents and legal guardians of the child and any other party to the proceeding.

(b) An adverse party, parent, or legal guardian may file a pleading and verified affidavit in response to the petition that shall be served on all parties to the proceeding.

(c) The court shall determine on the basis of the pleadings and affidavits whether the person seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de facto parentage as provided in subsection 501(a) of this title and, therefore, has standing to proceed with a parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts that are necessary and material to the issue of standing.

(d) The court may enter an interim order concerning contact between the child and a person with standing seeking adjudication under this chapter as a de facto parent of the child.
15C V.S.A. § 302 — VT Code / Title 15C / Chapter 3 / Section 302
§ 302. Acknowledgment of parentage void
Status: in_force

An acknowledgment of parentage shall be void if, at the time of signing:

(1) a person other than the person seeking to establish parentage is a presumed parent, unless a denial of parentage in a signed record has been filed with the Department of Health; or

(2) a person, other than the person who gave birth, is an acknowledged, admitted, or adjudicated parent, or an intended parent under chapter 7 or 8 of this title.
15 V.S.A. § 656a — VT Code / Title 15 / Chapter 11 / Section 656a
§ 656a. Adjustment for additional dependents
Status: in_force

(a) As used in this section, “additional dependents” means any natural and adopted children and stepchildren for whom the parent has a duty of support.

(b) In any proceeding to establish or modify child support, the total child support obligation for the children who are the subject of the support order shall be adjusted if a parent is also responsible for the support of additional dependents who are not the subject of the support order. The adjustments shall be made by calculating an amount under the guidelines to represent the support obligation for additional dependents based only upon the responsible parent's available income, without any other adjustments. This amount shall be subtracted from that parent's available income prior to calculating the total child support obligation based on both parents' available income as provided in section 655 of this title.

(c) The adjustment for additional dependents shall not be made to the extent that it contributes to the calculation of a support order lower than a previously existing support order for the children who are the subject of the modification hearing at which the adjustment is sought.

(d) A motion for modification may not be dismissed or denied solely because the adjustment for additional dependents results in an increase of child support of ten percent or less if the increase without the adjustment is greater than ten percent.
15A V.S.A. § 104 — VT Code / Title 15A / Chapter 5 / Section 104
§ 5-104. Jurisdiction and venue
Status: in_force

(a) The Probate Division of the Superior Court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor under this article if a petitioner lived in this State for at least 90 days immediately preceding the filing of a petition for adoption.

(b) A petition for adoption may be filed in the Probate Division of the Superior Court in the district in which a petitioner lives.
15 V.S.A. § 592 — VT Code / Title 15 / Chapter 11 / Section 592
§ 592. Residence
Status: in_force

(a) A complaint for divorce or annulment of civil marriage may be brought if either party to the marriage has resided within the State for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the State one year next preceding the date of final hearing. Temporary absence from the State because of illness, employment without the State, service as a member of the U.S. Armed Forces, or other legitimate and bona fide cause shall not affect the six months' period or the one-year period specified in the preceding sentence, provided the person has otherwise retained residence in this State.

(b) Notwithstanding provisions to the contrary, a complaint for divorce may be filed in the Family Division of Superior Court in the county in which the marriage certificate was filed by parties who are not residents of Vermont provided all of the following criteria are met:

(1) The marriage was established in Vermont.

(2) Neither party's state of legal residence recognizes the couple's Vermont marriage for purposes of divorce.

(3) There are no minor children who were born or adopted during the marriage.

(4) The parties file a stipulation together with a complaint that resolves all issues in the divorce action. The stipulation shall be signed by both parties and shall include the following terms:

(A) An agreement that the terms and conditions of the stipulation may be incorporated into a final order of divorce.

(B) The facts upon which the court may base a decree of divorce and that bring the matter before the court's jurisdiction.

(C) An acknowledgment that:

(i) Each party understands that if he or she wishes to litigate any issue related to the divorce before a Vermont court, one of the parties must meet the residency requirement set forth in subsection (a) of this section.

(ii) Neither party is the subject of an abuse prevention order in a proceeding between the parties.

(iii) There are no minor children who were born or adopted during the marriage.

(iv) Neither party's state of legal residence recognizes the couple's Vermont marriage for purposes of divorce.

(v) Each party has entered into the stipulation freely and voluntarily.

(vi) The parties have exchanged all financial information, including income, assets, and liabilities.

(c) The court shall waive a final hearing on any divorce action filed pursuant to subsection (b) of this section unless the court determines upon review of the complaint and stipulation that the filing is incomplete or that a hearing is warranted for the purpose of clarifying a provision of the stipulation. Final uncontested hearings in a nonresident divorce action shall be conducted by telephone unless one or both of the parties choose to appear in person.
15C V.S.A. § 304 — VT Code / Title 15C / Chapter 3 / Section 304
§ 304. Conditions for acknowledgment or denial of parentage
Status: in_force

(a) Completed forms for acknowledgment of parentage and denial of parentage shall be filed with the Department of Health.

(b) An acknowledgment of parentage or denial of parentage may be signed before or after the birth of a child.

(c) An acknowledgment of parentage or denial of parentage takes effect on the date of the birth of the child or the filing of the document with the Department of Health, whichever occurs later.

(d) An acknowledgment of parentage or denial of parentage signed by a minor shall be valid provided it is otherwise in compliance with this title.
15A V.S.A. § 113 — VT Code / Title 15A / Chapter 4 / Section 113
§ 4-113. Other provisions applicable to adoption of stepchild
Status: in_force

Except as otherwise provided by this article, Article 3 of this title applies to an adoption of a minor stepchild by a stepparent.
15 V.S.A. § 512 — VT Code / Title 15 / Chapter 11 / Section 512
§ 512. Voidable civil marriages-Grounds for annulment generally
Status: in_force

The civil marriage contract may be annulled when, at the time of marriage, either party had not attained the age of 16 years or was physically or mentally incapable of entering into the civil marriage state or when the consent of either party was obtained by force or fraud.
15B V.S.A. § 1706 — VT Code / Title 15B / Chapter 17 / Section 1706
§ 1706. Registration of convention support order
Status: in_force

(a) Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in chapter 16 of this title.

(b) Notwithstanding section 1311 and subsection 1602(a) of this title, a request for registration of a Convention support order must be accompanied by:

(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

(2) a record stating that the support order is enforceable in the issuing country;

(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(4) a record showing the amount of arrears, if any, and the date the amount was calculated;

(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

(d) A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under section 1707 of this title only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
15 V.S.A. § 1171 — VT Code / Title 15 / Chapter 21 / Section 1171
§ 1171. Creation of Vermont Council on Domestic Violence
Status: in_force

There is created the Vermont Council on Domestic Violence. The Council shall provide leadership for Vermont's statewide effort to eradicate domestic violence.
15A V.S.A. § 101 — VT Code / Title 15A / Chapter 5 / Section 101
§ 5-101. Who may adopt adult or emancipated minor
Status: in_force

An adult may adopt another adult or an emancipated minor pursuant to this article, but an adult may not adopt his or her spouse.
15C V.S.A. § 501 — VT Code / Title 15C / Chapter 5 / Section 501
§ 501. Standard; adjudication
Status: in_force

(a)(1) In a proceeding to adjudicate the parentage of a person who claims to be a de facto parent of the child, if there is only one other person who is a parent or has a claim to parentage of the child, the court shall adjudicate the person who claims to be a de facto parent to be a parent of the child if the person demonstrates by clear and convincing evidence that:

(A) the person resided with the child as a regular member of the child's household for a significant period of time;

(B) the person engaged in consistent caretaking of the child;

(C) the person undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;

(D) the person held out the child as the person's child;

(E) the person established a bonded and dependent relationship with the child that is parental in nature;

(F) the person and another parent of the child fostered or supported the bonded and dependent relationship required under subdivision (E) of this subdivision (1); and

(G) continuing the relationship between the person and the child is in the best interests of the child.

(2) A parent of the child may use evidence of duress, coercion, or threat of harm to contest an allegation that the parent fostered or supported a bonded and dependent relationship as provided in subdivision (1)(F) of this subsection. Such evidence may include whether within the prior 10 years, the person seeking to be adjudicated a de facto parent has been convicted of domestic assault, sexual assault, or sexual exploitation of the child or another parent of the child, was subject to a final abuse protection order pursuant to 15 V.S.A. chapter 21 because the person was found to have committed abuse against the child or another parent of the child, or was substantiated for abuse against the child or another parent of the child pursuant to 33 V.S.A. chapter 49 or 33 V.S.A. chapter 69.

(b) In a proceeding to adjudicate the parentage of a person who claims to be a de facto parent of the child, if there is more than one other person who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (a) of this section are met by clear and convincing evidence, the court shall adjudicate parentage under subsection 206(b) of this title, subject to other applicable limitations in this title.

(c) The adjudication of a person as a de facto parent under this chapter does not disestablish the parentage of any other parent.
15 V.S.A. § 295 — VT Code / Title 15 / Chapter 5 / Section 295
§ 295. Service of complaint
Status: in_force

When a complaint is made under section 293 of this title, a summons shall be issued to the other party directing such person to appear not later than 21 days after the date of the service and show cause why the complaint should not be granted. The summons and complaint shall be served on the party as provided by Rule 4.0 of the Vermont Rules for Family Proceedings. After the filing of the complaint, the Superior Court in which the cause is pending, or any Superior judge, may, on application of either party make such order concerning the care and custody of the minor children during the pendency of the complaint, as is deemed expedient and for the benefit of such children.
15C V.S.A. § 705 — VT Code / Title 15C / Chapter 7 / Section 705
§ 705. Limitation on spouse's dispute of parentage
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, a spouse may commence a proceeding to challenge the spouse's parentage of a child born by assisted reproduction during the marriage within two years after the birth of the child if the court finds that the spouse did not consent to the assisted reproduction before, on, or after the birth of the child or that the spouse withdrew consent pursuant to section 706 of this title.

(b) A spouse or the person who gave birth to the child may commence a proceeding to challenge the spouse's parentage of a child born by assisted reproduction at any time if the court determines:

(1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(2) the spouse and the person who gave birth to the child have not cohabited since the probable time of assisted reproduction; and

(3) the spouse never openly held out the child as the spouse's child.

(c) This section shall apply to a spouse's dispute of parentage even if the spouse's marriage is declared invalid after assisted reproduction occurs.
15 V.S.A. § 514 — VT Code / Title 15 / Chapter 11 / Section 514
§ 514. Party is mentally incapable of entering into civil marriage
Status: in_force

(a) When a civil marriage is sought to be annulled on the ground of one of the parties' mental incapability to enter into the civil marriage, it may be declared void on the complaint of a relative of such person at any time during the life of either of the parties.

(b) When a civil marriage is sought to be annulled on the ground of one of the parties' mental incapability to enter into the civil marriage, on the complaint of a relative of the person, such marriage may be declared void during the continuance of such mental incapacity, or after the death of the person who is mentally incapacitated in that condition and during the lifetime of the other party to the marriage.

(c) The civil marriage of a person who is mentally incapacitated may be declared void upon the complaint of the person after restoration to health, but a decree of nullity shall not be pronounced if the parties freely cohabited as spouses after the spouse who was mentally incapacitated had restored capacity.

(d) If an action is not prosecuted by a relative, the civil marriage of a person who is mentally incapacitated may be annulled during the lifetime of both the parties to the marriage, on the complaint of a person admitted by the court to prosecute as the next friend of such person who is mentally incapacitated.

(e) The phrases “mentally incapacitated,” “incapacitated,” “mental incapacity,” “mentally incapable,” “mental incapability,” and other similar phrases as used in sections 511-514 of this title shall extend only to persons who have a severe psychiatric, cognitive, or other severe mental disability.
15 V.S.A. § 755 — VT Code / Title 15 / Chapter 11 / Section 755
§ 755. Judge out of office may sign judgment for maintenance
Status: in_force

After the expiration of his or her term of office, a judge of the Superior Court may sign a judgment for maintenance as of the date when made.
15B V.S.A. § 1711 — VT Code / Title 15B / Chapter 17 / Section 1711
§ 1711. Modification of convention support order
Status: in_force

(a) A tribunal of this State may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(1) the obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b) If a tribunal of this State does not modify a Convention child-support order because the order is not recognized in this State, subsection 1708(c) of this title applies.
15B V.S.A. § 1206 — VT Code / Title 15B / Chapter 12 / Section 1206
§ 1206. Continuing jurisdiction to enforce a child support order
Status: in_force

(a) A tribunal of this State or the Office of Child Support that has issued a child support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:

(1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
15 V.S.A. § 1072 — VT Code / Title 15 / Chapter 20 / Section 1072
§ 1072. Exclusive; continuing jurisdiction
Status: in_force

(a) Except as otherwise provided in section 1074 of this title, a Vermont court that has made a child custody determination consistent with section 1071 or 1073 of this title has exclusive, continuing jurisdiction over the determination until:

(1) a Vermont court determines that neither the child nor the child and one parent nor the child and a person acting as a parent have a significant connection with Vermont, and that substantial evidence is no longer available in Vermont concerning the child's care, protection, training, and personal relationships; or

(2) a Vermont court or a court of another state determines that the child, the child's parents, and any person acting as a parent do not currently reside in Vermont.

(b) A Vermont court that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 1071 of this title.
15A V.S.A. § 101 — VT Code / Title 15A / Chapter 2 / Section 101
§ 2-101. Who may place minors for adoption
Status: in_force

(a) The only persons who may place a minor for adoption are:

(1) a parent having legal and physical custody of the minor, as provided in subsections (b) and (c) of this section;

(2) a guardian expressly authorized by the court to place the minor for adoption;

(3) an agency to which the minor has been relinquished for purposes of adoption; or

(4) an agency expressly authorized to place the minor for adoption by a court order terminating the relationship between the minor and the minor's parent or guardian.

(b) Except as provided in subsection (c) of this section, a parent having legal and physical custody of a minor may place the minor for adoption, even if the other parent has not executed a consent or a relinquishment or the other parent's relationship to the minor has not been terminated.

(c) A parent having legal and physical custody of a minor may not place the minor for adoption if the other parent has legal custody or a right of visitation with the minor and that parent's whereabouts are known, unless that parent agrees in writing to the placement or, before the placement, the parent who intends to place the minor sends notice of the intended placement by certified mail to the other parent's last known address.

(d) An agency authorized under this title to place a minor for adoption may place the minor for adoption, even if only one parent has executed a relinquishment or has had his or her parental relationship to the minor terminated.
15 V.S.A. § 104 — VT Code / Title 15 / Chapter 3 / Section 104
§ 104. Proceedings on complaint and enforcement of orders and decrees; appeal of husband
Status: in_force

The same proceedings shall be had on such complaint and in relation to enforcing orders and decrees as in other proceedings in the Superior Court. An appeal on the part of the husband shall not be allowed to the Supreme Court from an order or decree until he has indemnified the plaintiff for delays and costs as the judge directs.
15A V.S.A. § 110 — VT Code / Title 15A / Chapter 1 / Section 110
§ 1-110. Notice of intent to retain parental rights
Status: in_force

(a) At any time, a parent or alleged parent of a child born in this State may file in any Probate Division of the Superior Court in this State a notice of intent to retain parental rights. The notice shall specify the name and address of the person filing it, the name and last known address of the other parent of the minor, the name of the minor, if known, and the date or approximate date of the minor's date of birth.

(b) Each Probate Division of the Superior Court shall maintain a notice filed with that court under subsection (a) of this section within an electronic database that shall serve as a central repository for all such notices.

(c) When a petition to adopt a minor is filed in this State, the register of the Probate Division of the Superior Court in which it is filed shall determine as of the date of the petition whether or not a notice has been filed under this section with respect to the minor to be adopted.
15A V.S.A. § 208 — VT Code / Title 15A / Chapter 3 / Section 208
§ 3-208. Use of initials
Status: in_force

If a person uses initials to keep the person's identity confidential as provided for under any section in this title, the court may require that person to disclose his or her identity to another party to a proceeding under this title if the court finds that such disclosure is necessary in order for the other party to exercise his or her rights in the proceeding.
15 V.S.A. § 1064 — VT Code / Title 15 / Chapter 20 / Section 1064
§ 1064. Effect of child custody determination
Status: in_force

A child custody determination made by a Vermont court that had jurisdiction under this chapter binds all persons who have been served in accordance with the Vermont laws or notified in accordance with section 1066 of this title or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
15 V.S.A. § 1181 — VT Code / Title 15 / Chapter 21 / Section 1181
§ 1181. Definitions
Status: in_force

As used in this subchapter:

(1) “Abusive litigation” means litigation where the criteria set forth below in each of subdivisions (A)–(D) are found to have been established:

(A) The opposing parties have a current or former family or household member relationship or there has been a civil order or criminal conviction determining that one of the parties stalked or sexually assaulted the other party.

(B) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have abused, stalked, or sexually assaulted the other party pursuant to:

(i) a final order issued pursuant to subchapter 1 of this chapter (abuse prevention orders);

(ii) a final order issued pursuant to 12 V.S.A. chapter 178 (orders against stalking or sexual assault);

(iii) a final foreign abuse prevention order;

(iv) an order under section 665a of this title (conditions of parent- child contact in cases involving domestic violence);

(v) a conviction for domestic assault pursuant to 13 V.S.A. chapter 19, subchapter 6; stalking pursuant to 13 V.S.A. chapter 19, subchapter 7; or sexual assault pursuant to 13 V.S.A. chapter 72; or

(vi) a court determination of probable cause for a charge of domestic assault and the court imposed criminal conditions of release pertaining to the safety of the victim, which include distance restrictions or restrictions on contact with the victim.

(C) The litigation is being initiated, advanced, or continued primarily for the purpose of abusing, harassing, intimidating, threatening, or maintaining contact with the other party.

(D) At least one of the following applies:

(i) the claims, allegations, or other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law;

(ii) the allegations and other factual contentions made in the litigation are without adequate evidentiary support or are unlikely to have evidentiary support after a reasonable opportunity for further investigation; or

(iii) an issue or issues that are the basis of the litigation have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.

(2) “Foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Rules for Family Proceedings, or 12 V.S.A. chapter 178. “Other state” and “issuing state” mean any state other than Vermont and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(3) “Litigation” means any kind of legal action or proceeding, including:

(A) filing a summons, complaint, or petition;

(B) serving a summons, complaint, or petition, regardless of whether it has been filed;

(C) filing a motion, notice of court date, or order to appear;

(D) serving a motion, notice of court date, or order to appear, regardless of whether it has been filed or scheduled;

(E) filing a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request; or

(F) serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition, or other discovery request.

(4) “Perpetrator of abusive litigation” means a person who files, initiates, advances, or continues litigation in violation of an order restricting abusive litigation.
15 V.S.A. § 202 — VT Code / Title 15 / Chapter 5 / Section 202
§ 202. Penalty for desertion or nonsupport
Status: in_force

A married person who, without just cause, shall desert or willfully neglect or refuse to provide for the support and maintenance of the person's spouse and children, leaving them in destitute or necessitous circumstances or a parent who, without lawful excuse, shall desert or willfully neglect or refuse to provide for the support and maintenance of the child shall be imprisoned not more than two years or fined not more than $300.00, or both. Should a fine be imposed, the court may order the same to be paid in whole or in part to the needy spouse or to the guardian, custodian, or trustee of the child. The Office of Child Support attorneys, in addition to any other duly authorized person, may prosecute cases under this section in Vermont Superior Court.
15 V.S.A. § 1150 — VT Code / Title 15 / Chapter 21 / Section 1150
§ 1150. Findings and intent
Status: in_force

(a) The General Assembly finds that:

(1) persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, and human trafficking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them; and

(2) persons who provide reproductive health care services or gender- affirming health care services, persons who assist others in obtaining reproductive health care services or gender-affirming health care services, and persons who exercise their legal right to obtain reproductive health care services or gender-affirming health care services in this State may be harassed, intimidated, or threatened because of their legally protected health care activity.

(b) It is the purpose of this subchapter to:

(1) enable State and local agencies to respond to requests for public records without disclosing the location of persons identified in subsection (a) of this section;

(2) promote interagency cooperation with the Secretary of State in providing address confidentiality for persons identified in subsection (a) of this section; and

(3) enable State and local agencies and school districts to accept a Program participant's use of an address, and local agencies to accept an address, designated by the Secretary of State as a substitute mailing address.
15 V.S.A. § 685 — VT Code / Title 15 / Chapter 11 / Section 685
§ 685. Testimony and evidence
Status: in_force

Upon motion of a deploying parent, provided reasonable advance notice is given and good cause shown, the court shall allow such parent to present testimony and evidence by electronic means with respect to parental rights and responsibilities or parent-child contact matters instituted under this section when the deployment of that parent has a material effect on his or her ability to appear in person at a regularly scheduled hearing. The phrase “electronic means” includes communication by telephone or video teleconference.
15 V.S.A. § 1154 — VT Code / Title 15 / Chapter 21 / Section 1154
§ 1154. Agency use of designated address; agency other than law enforcement agency
Status: in_force

(a) A Program participant shall request that State and local agencies, other than law enforcement agencies, use the substitute address as the participant's address. When creating a new public record, State and local agencies, other than law enforcement agencies, shall accept the substitute address, unless the Secretary has determined that:

(1) the agency has a bona fide requirement for the use of the actual address that would otherwise be confidential under this subchapter;

(2) the address will be used only for those statutory and administrative purposes;

(3) the agency has identified the specific Program participant's record for which the waiver is requested;

(4) the agency has identified the individuals who will have access to the record; and

(5) the agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.

(b) During the review, evaluation, and appeal of an agency's request, the agency shall accept the use of a Program participant's substitute address.

(c) The Secretary's determination to grant or withhold a requested waiver must be based on, but not limited to, an evaluation of the information under subsection (a) of this section.

(d) If the Secretary finds that the agency has a bona fide purpose for the actual address and that the information will only be used for that purpose, the Secretary shall issue the actual address to the agency. Prior to granting the waiver, the Secretary shall notify the Program participant of the waiver, including the name of the agency and the reasons for the waiver. If granted a waiver, the agency shall maintain the confidentiality of the Program participant's address by redacting the actual address when the record is released to any person.

(e) Denial of the agency waiver request must be made in writing and include a statement of the reasons for denial.

(f) Acceptance or denial of the agency's waiver request constitutes final agency action. An aggrieved party may appeal.

(g) A Program participant may use the address designated by the Secretary as his or her work address.

(h) The Office of the Secretary shall forward all first-class mail to the appropriate Program participants.

(i) The Secretary shall keep a record of all waivers and all documentation relating to requests for waivers.

(j) Any agency receiving a waiver may not make the Program participant's actual address available for inspection or copying, except under the following circumstances:

(1) if requested by a law enforcement agency for a law enforcement purpose as defined in subdivision 1151(5) of this title; or

(2) if directed by a court order to a person identified in the order.
15 V.S.A. § 664 — VT Code / Title 15 / Chapter 11 / Section 664
§ 664. Definitions
Status: in_force

As used in this subchapter:

(1) “Parental rights and responsibilities” means the rights and responsibilities related to a child's physical living arrangements, education, medical and dental care, religion, travel, and any other matter involving a child's welfare and upbringing.

(A) “Legal responsibility” means the rights and responsibilities to determine and control various matters affecting a child's welfare and upbringing, other than routine daily care and control of the child. These matters include but are not limited to education, medical and dental care, religion and travel arrangements. Legal responsibility may be held solely or may be divided or shared.

(B) “Physical responsibility” means the rights and responsibilities to provide routine daily care and control of the child subject to the right of the other parent to have contact with the child. Physical responsibility may be held solely or may be divided or shared.

(2) “Parent child contact” means the right of a parent who does not have physical responsibility to have visitation with the child.
15C V.S.A. § 310 — VT Code / Title 15C / Chapter 3 / Section 310
§ 310. Forms for voluntary acknowledgment and denial of parentage
Status: in_force

(a) The Department of Health shall develop a voluntary acknowledgment of parentage form and a denial of parentage form for execution of parentage under this chapter.

(b) The acknowledgment of parentage form shall provide notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment and shall state that:

(1) there is no other presumed parent of the child or, if there is another presumed parent, shall state that parent's full name;

(2) there is no other acknowledged parent, adjudicated parent, or person who is an intended parent under chapter 7 or 8 of this title other than the person who gave birth to the child; and

(3) the signatories understand that the acknowledgment is the equivalent of a court determination of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances.

(c) A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the prescribed form.
15A V.S.A. § 106 — VT Code / Title 15A / Chapter 5 / Section 106
§ 5-106. Notice and time of hearing
Status: in_force

(a) Within 30 days after a petition for adoption is filed, the court shall serve notice of hearing the petition upon any person whose consent to the adoption is required under section 5-103 of this title, and who has not waived notice, by sending a copy of the petition and notice of hearing to the person at the address stated in the petition, or according to the manner of service provided in section 3-403 of this title.

(b) The court shall set a date and time for hearing the petition, which shall be at least 30 days after the notice is served.
15A V.S.A. § 105 — VT Code / Title 15A / Chapter 7 / Section 105
§ 7-105. Prohibited payments related to adoption
Status: in_force

(a) Except as otherwise provided in sections 7-103 and 7-104 of this title, a person may not pay or give or offer to pay or give to any other person, or request, receive, or accept any money or anything of value, directly or indirectly, for:

(1) the placement of a minor for adoption;

(2) the consent of a parent, a guardian, or an agency to the adoption of a minor;

(3) the relinquishment of a minor to an agency for the purpose of adoption; or

(4) the recruitment of nonresident pregnant women to locate in this State for the purpose of relinquishing the child for adoption.

(b) A release from liability from past or future child support is not a violation of this section.
15B V.S.A. § 1318 — VT Code / Title 15B / Chapter 13 / Section 1318
§ 1318. Assistance with discovery
Status: in_force

A tribunal or the Office of Child Support of this State may:

(1) request a tribunal outside this State to assist in obtaining discovery; and

(2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this State.
15A V.S.A. § 403 — VT Code / Title 15A / Chapter 3 / Section 403
§ 3-403. Manner and effect of service
Status: in_force

(a) Service of the notice required by section 3-401 of this title shall be made in a manner appropriate under the Vermont Rules of Probate Procedure unless the court otherwise directs; provided however, a parent or alleged parent who has not consented to the adoption or whose parental rights have not been terminated shall be personally served in accordance with the Vermont Rules of Civil Procedure.

(b) Except as otherwise provided in subsection (c) of this section, a person who fails, without good cause, to respond to the notice within 20 days after its service may not appear in or receive further notice of the proceeding for adoption.

(c) If a person is a respondent in a petition to terminate the relationship of parent and child and the petition is served upon the respondent with the notice required by section 3-401, the respondent may not appear in or receive further notice of the proceeding for adoption or for termination unless the respondent responds to the notice as required by section 3-503 of this title.
15A V.S.A. § 108 — VT Code / Title 15A / Chapter 4 / Section 108
§ 4-108. Required documents
Status: in_force

(a) After a petition to adopt a minor stepchild is filed, the following shall be filed in the proceeding:

(1) any item required by subsection 3-305(a) of this title which the court determines is relevant to an adoption by a stepparent; and

(2) a copy of any agreement to waive arrearages of child support.

(b) If any of the items required by subsection (a) of this section is not available, the person responsible for furnishing the item shall file an affidavit explaining its absence.
15B V.S.A. § 1713 — VT Code / Title 15B / Chapter 17 / Section 1713
§ 1713. Record in original language; English translation
Status: in_force

A record filed with a tribunal of this State under this chapter must be in the original language and, if not in English, must be accompanied by an English translation.
15A V.S.A. § 105 — VT Code / Title 15A / Chapter 5 / Section 105
§ 5-105. Petition for adoption
Status: in_force

(a) A prospective adoptive parent and an adoptee under this article shall jointly file a petition for adoption.

(b) The petition shall be signed and verified by each petitioner and state:

(1) the full name, date of birth, and place and duration of residence of each petitioner;

(2) the current marital status of each petitioner, including the date and place of marriage, if married;

(3) the full name by which the adoptee is to be known if the petition is granted;

(4) the duration and nature of the relationship between the prospective adoptive parent and the adoptee;

(5) that the prospective adoptive parent and the adoptee desire to assume the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship;

(6) that the adoptee understands that a consequence of the adoption will be to terminate the adoptee's relationship as the child of an existing parent, but if the adoptive parent is the adoptee's stepparent, the adoption will not affect the adoptee's relationship with a parent who is the stepparent's spouse, but will terminate the adoptee's relationship to the adoptee's other parent, except for the right to inherit from or through that parent;

(7) that the adoptee and the prospective adoptive parent understand the consequences the adoption may have for any right of inheritance, property, or support each person has;

(8) the name and last known address of any other person whose consent is required;

(9) the name, age, and last known address of any child of the prospective adoptive parent, including a child previously adopted by the prospective adoptive parent or his or her spouse, and the date and place of the adoption; and

(10) the name, age, and last known address of any living parent or child of the adoptee.

(c) The petitioners shall attach to the petition:

(1) a certified copy of the birth certificate or other evidence of the date and place of birth of the adoptee and the prospective adoptive parent, if available; and

(2) any required consent that has been executed.
15 V.S.A. § 790 — VT Code / Title 15 / Chapter 11 / Section 790
§ 790. Employee protected; penalty
Status: in_force

(a) No employee may be discharged from employment or subjected to disciplinary action on account of a wage withholding order issued to an employer against earnings. Any employee discharged or subjected to disciplinary action in violation of this section may bring an action in superior court for reinstatement of employment, back wages and damages and, if that employee prevails, the court shall award costs and may award reasonable attorney's fees to the employee.

(b) An employer who discharges or subjects an employee to disciplinary action in violation of this section shall be subject to a fine of $100.00.
15C V.S.A. § 110 — VT Code / Title 15C / Chapter 1 / Section 110
§ 110. Joinder of proceedings
Status: in_force

(a) Joinder permitted. Except as otherwise provided in subsection (b) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for parental rights and responsibilities, parent-child contact, child support, child protection, termination of parental rights, divorce, annulment, legal separation, guardianship, probate or administration of an estate or other appropriate proceeding, or a challenge or rescission of acknowledgment of parentage. Such proceedings shall be in the Family Division of the Superior Court.

(b) Joinder not permitted. A respondent may not join a proceeding described in subsection (a) of this section with a proceeding to adjudicate parentage brought as part of an interstate child support enforcement action under Title 15B.
15 V.S.A. § 655 — VT Code / Title 15 / Chapter 11 / Section 655
§ 655. Total child support obligation
Status: in_force

In any proceeding to establish or modify child support, the total support obligation shall be presumed to be the amount of child support needed, from which a parental support obligation shall be calculated and ordered to be paid unless support is established under section 659 of this title. The court shall review the adequacy of a child support amount agreed to by the parties with reference to the total support obligation.