BILL AS INTRODUCED H.369
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H.369 1
Introduced by Representatives Masland of Thetford and Mrowicki of Putney 2
Referred to Committee on 3
Date: 4
Subject: Domestic relations; annulment and divorce; child custody and support 5
Statement of purpose of bill as introduced: This bill proposes to declare that it 6
is the public policy of the State to encourage parents to share in the rights and 7
responsibilities of raising their children after the parents have separated or 8
divorced, to create a rebuttable presumption that shared parental rights and 9
responsibilities are in the best interests of the child, and to amend the factors a 10
court considers in determining the best interests of a child. 11
An act relating to parental rights and responsibilities 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 15 V.S.A. § 650 is amended to read: 14
§ 650. LEGISLATIVE FINDINGS AND PURPOSE 15
The legislature General Assembly finds and declares as public policy that 16
after parents have separated or dissolved their civil marriage, it is in the best 17
interests of their minor child children to have the opportunity for maximum 18
continuing physical and emotional contact with both parents and encourages 19
parents to share in the rights and responsibilities of raising their children after 20 BILL AS INTRODUCED H.369
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the parents have separated or divorced, unless direct physical harm or 1
significant emotional harm to the child or a parent is likely to result from such 2
contact. The legislature General Assembly further finds and declares as public 3
policy that parents have the responsibility to provide child support, and that 4
child support orders should reflect the true costs of raising children and 5
approximate insofar as possible the standard of living the child would have 6
enjoyed had the family remained intact. 7
Sec. 2. 15 V.S.A. § 664 is amended to read: 8
§ 664. DEFINITIONS 9
As used in this subchapter: 10
(1) “Parental rights and responsibilities” means the rights and 11
responsibilities related to a child’s physical living arrangements, education, 12
medical and dental care, religion, travel, and any other matter involving a 13
child’s welfare and upbringing. 14
(A)(2) “Legal responsibility” means the rights and responsibilities to 15
determine and control various matters affecting a child’s welfare and 16
upbringing, other than routine daily care and control of the child. These 17
matters include but are not limited to education, medical and dental care, 18
religion, and travel arrangements. Legal responsibility may be held solely or 19
may be divided or shared. 20 BILL AS INTRODUCED H.369
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(B)(3) “Physical responsibility” means the rights and responsibilities 1
to provide routine daily care and control of the child subject to the right of the 2
other parent to have contact with the child. Physical responsibility may be 3
held solely or may be divided or shared pursuant to the parenting plan. 4
(2) “Parent child contact” means the right of a parent who does not have 5
physical responsibility to have visitation with the child. 6
Sec. 3. 15 V.S.A. § 665 is amended to read: 7
§ 665. RIGHTS AND RESPONSIBILITIES ORDER; PARENTING PLAN; 8
BEST INTERESTS OF THE CHILD 9
(a) In an action under this chapter, the court shall make issue an order 10
concerning parental rights and responsibilities of and a parenting plan for any 11
minor child of the parties. The court may order parental rights and 12
responsibilities to be divided or shared between the parents on such terms and 13
conditions as serve the best interests of the child. When the parents cannot 14
agree to divide or share parental rights and responsibilities, the court shall 15
award parental rights and responsibilities primarily or solely to one parent 16
There shall be a rebuttable presumption that shared parental rights and 17
responsibilities are in the best interests of the child. 18
(b) In making an order under this section, the court shall be guided by the 19
best interests of the child and shall consider at least the following factors: 20 BILL AS INTRODUCED H.369
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(1) the relationship of the child with each parent and the ability and 1
disposition of each parent to provide the child with love, affection, and 2
guidance; 3
(2) the ability and disposition of each parent to assure ensure that the 4
child receives adequate food, clothing, medical care, other material needs, and 5
a safe environment; 6
(3) the ability and disposition of each parent to meet the child’s present 7
and future developmental needs; 8
(4) the quality of the child’s adjustment to the child’s present housing, 9
school, and community and the potential effect of any change; 10
(5) the ability and disposition of each parent to support and foster a 11
positive relationship and frequent and continuing contact with the other parent, 12
including physical, written, telephonic, and electronic contact, except where 13
contact will result in harm to the child or to a parent; 14
(6) the quality of the child’s relationship with the primary care provider, 15
if appropriate given the child’s age and development; [Repealed.] 16
(7) the relationship of the child with any other person who may 17
significantly affect the child; 18
(8) the ability and disposition of the parents to communicate, cooperate 19
with each other, and make joint decisions concerning the children where 20
parental rights and responsibilities are to be shared or divided child; and 21 BILL AS INTRODUCED H.369
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(9) evidence of abuse, as defined in section 1101 of this title, and the 1
impact of the abuse on the child and on the relationship between the child and 2
the abusing parent. 3
(c) The court shall not apply a preference for one parent over the other 4
because of the sex of the child, the sex of a parent, or the financial resources of 5
a parent. 6
(d) The court may order a parent who is awarded responsibility for a certain 7
matter involving a child’s welfare to inform the other parent when a major 8
change in that matter occurs. [Repealed.] 9
(e) The jurisdiction granted by this section shall be limited by the Uniform 10
Child Custody Jurisdiction and Enforcement Act, if another state has 11
jurisdiction as provided in that act. For the purposes of interpreting that act 12
and any other provision of law which that refers to a custodial parent, 13
including 13 V.S.A. § 2451, the parent with physical responsibility shall be 14
considered the custodial parent. 15
* * * 16
Sec. 4. EFFECTIVE DATE 17
This act shall take effect on July 1, 2025. 18