What is a parenting plan in Vermont?

A parenting plan is a written document in which parents set out how they will make decisions for their children and share time with them. In Vermont it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing order. Vermont calls custody parental rights and responsibilities, and the parents ask the court to approve the arrangement under the best interests of the child (15 V.S.A. Section 665).

What are parental rights and responsibilities in Vermont?

In Vermont, parental rights and responsibilities is the term for custody. It has two parts: legal responsibility, the right to make major decisions about the child such as education, health care, and religious upbringing, and physical responsibility, where the child lives and the day-to-day parenting the child receives. A Vermont court may order these to be divided or shared, or awarded primarily or solely to one parent (15 V.S.A. Section 665).

What standard do Vermont courts use to decide parental rights and responsibilities?

A Vermont court is guided by the best interests of the child and considers the factors listed at 15 V.S.A. Section 665(b). These include the child's relationship with each parent, each parent's ability and disposition to provide love, guidance, food, clothing, medical care, and a safe environment, and each parent's ability to meet the child's present and future developmental needs. The court may not prefer a parent based on sex or financial resources.

Can parental rights and responsibilities be shared in Vermont?

Yes. A Vermont court may order parental rights and responsibilities to be divided or shared between the parents, or awarded primarily or solely to one parent (15 V.S.A. Section 665(a)). When the parents cannot agree to divide or share these responsibilities, the court awards them primarily or solely to one parent. The court decides under the best interests of the child rather than starting from a preferred arrangement.

Is a written parenting plan required in Vermont?

Vermont does not require a separate, standalone statutory parenting plan. Instead, parental rights and responsibilities are set in a court order determined under the best interests of the child (15 V.S.A. Section 665). Writing out a clear parenting plan is still valuable in Vermont because it shows the court the legal responsibility, physical responsibility, and parent-child contact arrangement the parents are asking it to adopt.

Who is the custodial parent in Vermont?

In Vermont, the parent with physical responsibility is considered the custodial parent (15 V.S.A. Section 665(e)). Physical responsibility means where the child lives and the day-to-day parenting the child receives. The other parent generally has parent-child contact. A Vermont court sets who has physical responsibility as part of its order of parental rights and responsibilities under the best interests of the child.

Does a Vermont court prefer one parent over the other?

No. A Vermont court may not apply a preference for one parent over the other because of the sex of the child, the sex of a parent, or a parent's financial resources (15 V.S.A. Section 665(c)). The court decides parental rights and responsibilities under the best interests of the child, weighing the factors at 15 V.S.A. Section 665(b) rather than favoring a mother or a father as a starting point.

Vermont Parenting Plan

Q: What is the difference between a parenting plan and a custody order in Vermont?

In Vermont a parenting plan is the written arrangement the parents propose, while a custody order, which Vermont calls an order of parental rights and responsibilities, is what the court issues. Vermont does not require a separate, standalone statutory parenting plan. When the parents agree, they submit a written agreement, and the court, if it finds the arrangement is in the child's best interests, adopts it into a binding order (15 V.S.A. Section 665).

A Vermont parenting plan sets out parental rights and responsibilities, legal and physical responsibility, and the parent-child contact schedule two parents ask the court to approve under the best interests of the child. Attorney review available.

Find out where you stand in Vermont

What is your situation with the parenting plan?

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Introduction

In Vermont, where custody is called parental rights and responsibilities and splits into legal responsibility and physical responsibility, a parenting plan is the written document two parents use to divide those responsibilities and time with their children, whether they are divorcing, were never married, or are changing an existing order. In Vermont, custody is called parental rights and responsibilities. It has two parts: legal responsibility, the right to make major decisions about the child, and physical responsibility, where the child lives and the day-to-day parenting the child receives. A Vermont court may order parental rights and responsibilities to be divided or shared between the parents, or awarded primarily or solely to one parent, and it is guided by the best interests of the child (15 V.S.A. Section 665). The court weighs the best-interest factors listed in that section, including the child's relationship with each parent and each parent's ability to provide love, guidance, food, medical care, and a safe environment, and it may not apply a preference for one parent because of the sex of the child, the sex of a parent, or a parent's financial resources. The parent with physical responsibility is the child's custodial parent, and the other parent generally has parent-child contact (15 V.S.A. Section 665(e)). Vermont does not require a separate, standalone statutory parenting plan; parental rights and responsibilities are set in a court order, and parents may submit a written agreement for the court to adopt once it finds the arrangement is in the child's best interests. DocDraft builds your Vermont parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In Vermont, a parenting plan is the written document in which two parents set out parental rights and responsibilities and a schedule for time with their children, whether they are divorcing, were never married, or are changing an existing order.
2
Vermont calls custody parental rights and responsibilities, and it has two parts: legal responsibility, the right to make major decisions about the child, and physical responsibility, where the child lives (15 V.S.A. Section 665).
3
A Vermont court may order parental rights and responsibilities to be divided or shared between the parents, or awarded primarily or solely to one parent (15 V.S.A. Section 665(a)).
4
A Vermont court is guided by the best interests of the child and weighs the factors listed at 15 V.S.A. Section 665(b), including the child's relationship with each parent.
5
A Vermont court may not apply a preference for one parent over the other because of the sex of the child, the sex of a parent, or a parent's financial resources (15 V.S.A. Section 665(c)).
6
The parent with physical responsibility is the child's custodial parent, and the other parent generally has parent-child contact (15 V.S.A. Section 665(e)).
7
Vermont does not require a separate, standalone statutory parenting plan; parental rights and responsibilities are set in a court order, and parents may submit a written agreement for the court to adopt.

Key decisions before you file

Before you file a Parenting Plan in Vermont, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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VERMONT PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to change an existing order. It sets out parental rights and responsibilities, meaning legal responsibility and physical responsibility, and the parent-child contact the parents ask a Vermont court to approve under the best interests of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal responsibility (decision-making). The parents will [share / assign primarily to PARENT] legal responsibility. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Physical responsibility and parent-child contact. The parents will [share physical responsibility / assign primary physical responsibility to PARENT]. The children will live with [PARENT], who is the custodial parent, and have parent-child contact with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parent-child contact will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice in advance, so the parents can discuss the change or, if needed, ask the court to review parental rights and responsibilities and parent-child contact.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to court approval and is decided under the best interests of the child (Vermont Statutes Title 15 Section 665). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Vermont Requirements for Parenting Plan

Parental Rights and Responsibilities
Vermont calls custody parental rights and responsibilities. It has two parts: legal responsibility, the right to make major decisions about the child, and physical responsibility, where the child lives and the day-to-day parenting the child receives (15 V.S.A. Section 665).
Divided or Shared, or Primarily to One Parent
A Vermont court may order parental rights and responsibilities to be divided or shared between the parents, or awarded primarily or solely to one parent (15 V.S.A. Section 665(a)). When the parents cannot agree to divide or share these responsibilities, the court awards them primarily or solely to one parent.
Best Interests Standard and Factors
A Vermont court is guided by the best interests of the child and weighs the factors listed at 15 V.S.A. Section 665(b), including the child's relationship with each parent and each parent's ability to provide love, guidance, food, clothing, medical care, and a safe environment.
No Gender or Financial Preference
A Vermont court may not apply a preference for one parent over the other because of the sex of the child, the sex of a parent, or a parent's financial resources (15 V.S.A. Section 665(c)). The court decides under the best interests of the child rather than favoring a mother or a father.
Legal Responsibility Decision-Making
Your parenting plan should state whether legal responsibility is shared or assigned primarily to one parent and how the parents will make major decisions about the children's education, health care, and religious upbringing (15 V.S.A. Section 665). Each parent generally makes routine daily decisions during that parent's time.
Physical Responsibility and Parent-Child Contact
Your plan should describe physical responsibility and the parent-child contact schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. In Vermont, the parent with physical responsibility is the custodial parent (15 V.S.A. Section 665(e)).
Set by Court Order
Vermont does not require a separate, standalone statutory parenting plan. Parental rights and responsibilities are set in a court order, and parents may submit a written agreement for the court to adopt once it finds the arrangement is in the child's best interests (15 V.S.A. Section 665). A clear written plan still shows the court the arrangement the parents are asking it to adopt.
Custodial Parent and Court Approval
In Vermont, the parent with physical responsibility is the child's custodial parent (15 V.S.A. Section 665(e)). The parenting plan takes effect only when the court approves it under the best interests of the child, and the court can adopt the parents' written agreement into a binding order.

Find out where you stand in Vermont

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Vermont Requirements for Parenting Plan

Parental Rights and Responsibilities

Divided or Shared, or Primarily to One Parent

Best Interests Standard and Factors

No Gender or Financial Preference

Legal Responsibility Decision-Making

Physical Responsibility and Parent-Child Contact

Set by Court Order

Custodial Parent and Court Approval

Frequently Asked Questions