Vermont 2025-2026 Regular Session

Vermont House Bill H0369 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.369
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6	6	H.369 1
7	7	Introduced by Representatives Masland of Thetford and Mrowicki of Putney 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Domestic relations; annulment and divorce; child custody and support 5
11	11	Statement of purpose of bill as introduced: This bill proposes to declare that it 6
12	12	is the public policy of the State to encourage parents to share in the rights and 7
13	13	responsibilities of raising their children after the parents have separated or 8
14	14	divorced, to create a rebuttable presumption that shared parental rights and 9
15	15	responsibilities are in the best interests of the child, and to amend the factors a 10
16	16	court considers in determining the best interests of a child. 11
17	17	An act relating to parental rights and responsibilities 12
18	18	It is hereby enacted by the General Assembly of the State of Vermont: 13
19	19	Sec. 1. 15 V.S.A. § 650 is amended to read: 14
20	20	§ 650. LEGISLATIVE FINDINGS AND PURPOSE 15
21	21	The legislature General Assembly finds and declares as public policy that 16
22	22	after parents have separated or dissolved their civil marriage, it is in the best 17
23	23	interests of their minor child children to have the opportunity for maximum 18
24	24	continuing physical and emotional contact with both parents and encourages 19
25	25	parents to share in the rights and responsibilities of raising their children after 20 BILL AS INTRODUCED H.369
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30	30	the parents have separated or divorced, unless direct physical harm or 1
31	31	significant emotional harm to the child or a parent is likely to result from such 2
32	32	contact. The legislature General Assembly further finds and declares as public 3
33	33	policy that parents have the responsibility to provide child support, and that 4
34	34	child support orders should reflect the true costs of raising children and 5
35	35	approximate insofar as possible the standard of living the child would have 6
36	36	enjoyed had the family remained intact. 7
37	37	Sec. 2. 15 V.S.A. § 664 is amended to read: 8
38	38	§ 664. DEFINITIONS 9
39	39	As used in this subchapter: 10
40	40	(1) “Parental rights and responsibilities” means the rights and 11
41	41	responsibilities related to a child’s physical living arrangements, education, 12
42	42	medical and dental care, religion, travel, and any other matter involving a 13
43	43	child’s welfare and upbringing. 14
44	44	(A)(2) “Legal responsibility” means the rights and responsibilities to 15
45	45	determine and control various matters affecting a child’s welfare and 16
46	46	upbringing, other than routine daily care and control of the child. These 17
47	47	matters include but are not limited to education, medical and dental care, 18
48	48	religion, and travel arrangements. Legal responsibility may be held solely or 19
49	49	may be divided or shared. 20 BILL AS INTRODUCED H.369
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54	54	(B)(3) “Physical responsibility” means the rights and responsibilities 1
55	55	to provide routine daily care and control of the child subject to the right of the 2
56	56	other parent to have contact with the child. Physical responsibility may be 3
57	57	held solely or may be divided or shared pursuant to the parenting plan. 4
58	58	(2) “Parent child contact” means the right of a parent who does not have 5
59	59	physical responsibility to have visitation with the child. 6
60	60	Sec. 3. 15 V.S.A. § 665 is amended to read: 7
61	61	§ 665. RIGHTS AND RESPONSIBILITIES ORDER; PARENTING PLAN; 8
62	62	BEST INTERESTS OF THE CHILD 9
63	63	(a) In an action under this chapter, the court shall make issue an order 10
64	64	concerning parental rights and responsibilities of and a parenting plan for any 11
65	65	minor child of the parties. The court may order parental rights and 12
66	66	responsibilities to be divided or shared between the parents on such terms and 13
67	67	conditions as serve the best interests of the child. When the parents cannot 14
68	68	agree to divide or share parental rights and responsibilities, the court shall 15
69	69	award parental rights and responsibilities primarily or solely to one parent 16
70	70	There shall be a rebuttable presumption that shared parental rights and 17
71	71	responsibilities are in the best interests of the child. 18
72	72	(b) In making an order under this section, the court shall be guided by the 19
73	73	best interests of the child and shall consider at least the following factors: 20 BILL AS INTRODUCED H.369
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78	78	(1) the relationship of the child with each parent and the ability and 1
79	79	disposition of each parent to provide the child with love, affection, and 2
80	80	guidance; 3
81	81	(2) the ability and disposition of each parent to assure ensure that the 4
82	82	child receives adequate food, clothing, medical care, other material needs, and 5
83	83	a safe environment; 6
84	84	(3) the ability and disposition of each parent to meet the child’s present 7
85	85	and future developmental needs; 8
86	86	(4) the quality of the child’s adjustment to the child’s present housing, 9
87	87	school, and community and the potential effect of any change; 10
88	88	(5) the ability and disposition of each parent to support and foster a 11
89	89	positive relationship and frequent and continuing contact with the other parent, 12
90	90	including physical, written, telephonic, and electronic contact, except where 13
91	91	contact will result in harm to the child or to a parent; 14
92	92	(6) the quality of the child’s relationship with the primary care provider, 15
93	93	if appropriate given the child’s age and development; [Repealed.] 16
94	94	(7) the relationship of the child with any other person who may 17
95	95	significantly affect the child; 18
96	96	(8) the ability and disposition of the parents to communicate, cooperate 19
97	97	with each other, and make joint decisions concerning the children where 20
98	98	parental rights and responsibilities are to be shared or divided child; and 21 BILL AS INTRODUCED H.369
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103	103	(9) evidence of abuse, as defined in section 1101 of this title, and the 1
104	104	impact of the abuse on the child and on the relationship between the child and 2
105	105	the abusing parent. 3
106	106	(c) The court shall not apply a preference for one parent over the other 4
107	107	because of the sex of the child, the sex of a parent, or the financial resources of 5
108	108	a parent. 6
109	109	(d) The court may order a parent who is awarded responsibility for a certain 7
110	110	matter involving a child’s welfare to inform the other parent when a major 8
111	111	change in that matter occurs. [Repealed.] 9
112	112	(e) The jurisdiction granted by this section shall be limited by the Uniform 10
113	113	Child Custody Jurisdiction and Enforcement Act, if another state has 11
114	114	jurisdiction as provided in that act. For the purposes of interpreting that act 12
115	115	and any other provision of law which that refers to a custodial parent, 13
116	116	including 13 V.S.A. § 2451, the parent with physical responsibility shall be 14
117	117	considered the custodial parent. 15
118	118	* * * 16
119	119	Sec. 4. EFFECTIVE DATE 17
120	120	This act shall take effect on July 1, 2025. 18