Vermont Divorce With Children — Custody and Child Support (2026)

Vermont Family Court applies the "best interests of the child" standard in all custody and parenting decisions (15 V.S.A. § 665).

Vermont Custody Framework

Legal Responsibility

Vermont uses the term "legal responsibility" — equivalent to legal custody in other states.

• Shared legal responsibility: Both parents share major decisions — strongly preferred
• Sole legal responsibility: One parent — when shared is not in the child's best interest

Physical Responsibility

Vermont uses the term "physical responsibility" — equivalent to physical custody.

• Primary physical responsibility: Child primarily lives with one parent
• Shared physical responsibility: Substantial time with each parent

Best Interests of the Child — Vermont Factors (15 V.S.A. § 665(b))

Vermont Family Court considers:

1. The relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection, and guidance
2. The ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, and other material needs
3. The ability and disposition of each parent to meet the child's present and future developmental needs
4. The quality of the child's adjustment to the child's present housing, school, and community and the potential effect of any change
5. The ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent
6. The quality of the child's relationship with the primary care provider
7. The relationship of the child with any other person who may significantly affect the child
8. The ability and disposition of the parents to communicate, cooperate with each other, and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided
9. Any evidence of abuse and the impact of the abuse on the child and on the relationship between the child and the abusing parent

Parenting Plan — Required

A comprehensive Parenting Plan must be filed. Vermont law requires it to address:

• Legal and physical responsibility designations
• Regular parenting schedule (school year and summer)
• Holiday and vacation schedule
• Healthcare decision-making
• Educational decisions
• Transportation and exchange logistics
• Communication protocols
• Relocation provisions (Vermont has specific rules)
• Dispute resolution mechanism

Vermont Child Support Guidelines

Vermont uses an income shares model:

1. Both parents' gross income → combined monthly income
2. Apply Vermont Basic Support Obligation table
3. Allocate proportionate shares
4. Adjust for: health insurance premiums, childcare costs, custody time split

Duration: Child support generally continues to age 18 (or through secondary school).

Income Withholding Order: Routinely issued.

Last reviewed: March 2026 | 15 V.S.A. § 665 best interests | "Legal responsibility" / "physical responsibility" — Vermont's terms | Parenting Plan required | Vermont Child Support Guidelines | Support generally ends at 18 | Domestic violence: factor in 15 V.S.A. § 665(b)(9) | Family Court — unit | vermontjudiciary.org/family/divorce

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.