Is joint custody the default?

Vermont courts consider multiple custody arrangements and choose based on the child's best interests [§ 15-665]. Joint custody is available but not automatically presumed — the court evaluates each family's specific circumstances.

At what age can a child choose which parent to live with?

Children's preferences are one factor courts consider [§ 15-665], but the weight given depends on the child's maturity and age. No specific age gives a child absolute choice — the court always evaluates best interests overall [§ 15-665].

How is child support calculated in Vermont?

Vermont uses an income-shares model. Based on combined adjusted gross income of both parents using Vermont Child Support Guidelines. The guideline amount can be adjusted based on specific circumstances.

What is a parenting plan?

A parenting plan is a detailed document outlining custody, visitation schedules, holiday allocation, decision-making authority, and communication protocols [§ 15-665]. Most courts require one before finalizing a divorce involving children.

Can I move out of state with my child?

Relocation with a child typically requires either the other parent's consent or court approval. The court evaluates whether the move serves the child's best interests ${cite(d, d.custodyCite)} and how it affects the other parent's relationship.

Topic guideUpdated 2026-02-27

Vermont Divorce With Children — Custody & Support

Custody, child support, and parenting plans when children are involved in an Vermont divorce

When children are involved, a Vermont divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §15-665.

💡The presence of children increases the complexity of a divorce. Both parents must provide financial disclosures, and the court requires a parenting plan before it will finalize the case.

How custody is determined §15-665

Courts determine custody based on the best interests of the child, considering the quality of the child's adjustment to home, school, and community, the relationship of the child with each parent, and each parent's ability to meet the child's physical and emotional needs.

Types of custody

Legal custody — the right to make major decisions about the child's education, health care, and welfare
Physical custody — where the child lives day-to-day
Joint custody — both parents share legal custody, physical custody, or both
Sole custody — one parent has primary decision-making authority or residential time

Child support

Vermont uses an income-shares model to calculate child support.

Based on combined adjusted gross income of both parents using Vermont Child Support Guidelines
Presumptive guideline amount; deviation requires written findings
Health insurance and childcare costs are factored into the calculation
Income can be withheld directly from the paying parent's employer §15-782

The parenting plan

Most Vermont courts require a written parenting plan that addresses:

Regular custody and visitation schedule
Holiday and vacation time allocation
Transportation arrangements and exchange locations
Decision-making authority for education, health, and extracurricular activities
Communication protocols between parents
Relocation restrictions and notice requirements

Temporary orders during the divorce §15-594a

After the parties separate and a complaint for divorce or legal separation is filed, either party may apply for temporary relief; courts may issue any orders pending final hearing that they would be authorized to make upon final hearing. Temporary custody and support orders typically remain in effect until the final decree is entered.

✓Document the current parenting arrangement before filing. Courts consider the existing status quo when making temporary and permanent custody decisions.

Modifying custody later

Custody may be modified upon showing a real, substantial, and unanticipated change of circumstances and that modification is in the child's best interests. §15-668

⚠If there is an immediate safety concern involving a child, the court can issue emergency orders on an expedited basis. Do not wait if a child's welfare is at risk.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

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