Bill > H0369

This bill modifies Vermont law regarding parental rights and responsibilities after separation or divorce, with the primary goal of encouraging both parents to share in raising their children. The bill establishes a rebuttable presumption that shared parental rights and responsibilities are in the best interests of the child, which means courts will start with the assumption that joint custody is preferable unless proven otherwise. It updates definitions related to parental responsibilities, clarifying terms like "legal responsibility" and "physical responsibility" to provide more precise language about parenting roles. The bill maintains a comprehensive list of factors courts must consider when determining child custody, including each parent's ability to provide care, support the child's development, and foster a positive relationship with the other parent. Notably, the bill removes language that previously allowed courts to award primary or sole custody to one parent when parents cannot agree, instead emphasizing shared parental involvement. The legislation also explicitly states that courts cannot prefer one parent over another based on gender or financial resources. Important contextual changes include redefining terminology from "legislature" to "General Assembly" and expanding the understanding of parent-child contact to include written, telephonic, and electronic communication. The bill is set to take effect on July 1, 2025, giving legal professionals and families time to prepare for the new guidelines.

Justice

https://legislature.vermont.gov/bill/status/2026/H.369