Vermont Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   Vermont hears a guardianship of a minor in the Probate Division of the Superior Court for the district where the child lives, as a consensual guardianship, a nonconsensual guardianship, or, new since 2025, a consensual standby guardianship. File the mandatory Petition to Appoint Custodial Guardian for a Minor, Form 700-00070C, or for a financial guardian, Form 700-00070F; the court's form controls.

2. 2

   Vermont has no separate capped temporary guardian. Its emergency route is an ex parte petition for the full guardianship, available only if both parents are deceased or medically incapacitated, or a standby-guardianship parent is unavailable because of an adverse immigration action, with a hearing on the merits required no more than three business days after the petition is filed.

3. 3

   Both parents must be notified, and a nonconsenting parent must be served by certified mail; Vermont Judiciary guidance calls for at least two weeks' notice before the hearing. A child 14 or older must attend the hearing and may indicate a choice of guardian on Form 700-00078PMG, though the court is not bound by that choice.

4. 4

   Whether the case is consensual or nonconsensual changes the proof required. A consensual guardianship needs a signed parental consent and family plan, and the court must find by clear and convincing evidence that the parents knowingly and voluntarily consented. A nonconsensual guardianship instead requires the proposed guardian to prove, under the full Vermont Rules of Evidence, that the child needs a guardian.

5. 5

   The proposed guardian and any household member over the age of 16 must undergo a background check covering the Adult Abuse Registry, the Child Protection Registry, the Vermont Crime Information Center, and the Vermont Sex Offender Registry. A guardian ad litem for the child is discretionary, the court must appoint counsel for the child only if the child will testify as a witness, and Vermont has no mandatory guardian-training course.

6. 6

   A bond is required of every guardian before acting, in an amount the court sets, though Vermont Judiciary guidance says a bond is usually required only for a financial guardianship; a parent who names a guardian by will may direct that bond be waived.

7. 7

   This guardianship does not terminate parental rights and is not adoption. A parent may petition to end it at any time; for a consensual or standby guardianship, the court must end it unless the guardian moves within 30 days to continue it, which then becomes a full nonconsensual proceeding.

Vermont Requirements for Guardianship of a Minor Petition

• Probate Division Has Exclusive Jurisdiction

  The Probate Division of the Superior Court for the district where the minor resides has exclusive jurisdiction over a minor guardianship, and the case must be transferred to the Family Division if a Family Division custody case involving the same child is already open (14 V.S.A. section 2624(a)).

• Mandatory Custodial and Financial Guardian Petitions

  A custodial guardianship is filed on the mandatory Petition to Appoint Custodial Guardian for a Minor, Form 700-00070C, and a financial guardianship on Form 700-00070F, each a statewide Vermont Judiciary form.

• No Separate Capped Temporary Guardian

  Vermont has no separate temporary-guardian status with a fixed duration. Its emergency route is an ex parte petition for the full guardianship, available only if both parents are deceased or medically incapacitated, or a standby-guardianship parent is unavailable because of an adverse immigration action, with a hearing on the merits required no more than three business days after the petition is filed (14 V.S.A. section 2625(f)).

• Notice to Both Parents and Interested Persons

  Notice of the hearing must go to both parents, the minor if 14 or older, the proposed guardian, and anyone with principal care and custody of the child during the last 30 days; a nonconsenting parent must be served by certified mail (14 V.S.A. section 2623(b)).

• Consensual Guardianship Requires Proof of Knowing Consent

  A consensual guardianship requires the court to find by clear and convincing evidence that the parents knowingly and voluntarily consented; a nonconsensual guardianship instead requires the proposed guardian to prove by clear and convincing evidence that the child is a child in need of guardianship (14 V.S.A. section 2626).

• Background Check for Guardian and Household Members

  The proposed guardian and any household member over the age of 16 must undergo a background check covering the Adult Abuse Registry, the Child Protection Registry, the Vermont Crime Information Center, and the Vermont Sex Offender Registry, using Form 700-00407.

• Bond Set at the Court's Discretion

  A guardian must give bond before acting, in a sum the court directs, though a bond is usually required only from a financial guardian; a parent naming a guardian by will may direct that bond not be required (14 V.S.A. sections 2751, 2656).

• Consensual Standby Guardianship for Adverse Immigration Action

  A custodial parent facing an adverse immigration action may privately sign a standby guardianship consent and family plan with a proposed guardian in advance; the guardian files them with the court once the parent becomes unavailable, with a hearing within 14 days (14 V.S.A. section 2626a).

• Guardianship Ends at Majority or by Parental Motion

  A custodial guardianship ends automatically when the child turns 18. A parent may move to end it sooner at any time; for a consensual or standby guardianship, the court must grant that motion unless the guardian moves within 30 days to continue it (14 V.S.A. section 2632).