How to modify child custody and parent-child contact in Vermont
Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of 15 V.S.A. sections 668 (modification) and 665 (best interests), as published by the Vermont General Assembly on legislature.vermont.gov. Vermont’s statutes say “parental rights and responsibilities” and “parent-child contact” instead of custody and visitation. Read what we could not confirm below.
The short version
Vermont’s modification statute is short and the bar is high. On a motion by a parent, and “upon a showing of real, substantial, and unanticipated change of circumstances”, the court may change an order about parental rights and responsibilities if the change is in the child’s best interests, “whether or not the order is based upon a stipulation or agreement”. So an agreed order gets no lighter standard. Changing child support or spousal support instead is a separate route; see modifying child support and spousal support in Vermont.
What you must show, 15 V.S.A. 668
- Three adjectives. The change must be real, substantial and unanticipated. A change that the original order already foresaw is the likely sticking point, so read what your order says about the situation you are relying on.
- Best interests too. Even with a qualifying change, the modification must be in the child’s best interests.
- Agreed orders. The same showing applies to an order that came from a stipulation or agreement.
- Who may ask. A parent, or any other person to whom parental rights and responsibilities were previously granted.
- Child support follows. When a judgment for physical responsibility is modified, the court orders a “child support modification hearing” and, unless there is good cause, issues a temporary support order if adjustments are needed.
- Sexual assault conception orders. A final order made under subdivision 665(f)(1) “shall not be subject to modification”. An order under 665(f)(2) can be modified only on a showing of “extraordinary, real, substantial, and unanticipated change of circumstances”. These apply only in the narrow cases that 665(f) describes.
Best interests, 15 V.S.A. 665
- Nine factors at least. The court considers at least: the child’s relationship with each parent and each parent’s ability to give love, affection and guidance; meeting material needs and a safe environment; meeting developmental needs; and adjustment to home, school and community.
- More factors. Also each parent’s ability to foster a positive relationship and frequent contact with the other parent, except where contact will cause harm; the child’s relationship with the primary care provider; the child’s relationship with others who significantly affect them; the parents’ ability to communicate and make joint decisions; and evidence of abuse and its effect on the child.
- Stability. One factor is “the quality of the child’s adjustment to the child’s present housing, school, and community” and the potential effect of any change.
- No preference. The court may not prefer a parent because of the child’s sex, the parent’s sex, or the parent’s financial resources.
- Jurisdiction. The court’s jurisdiction under this section is limited by the Uniform Child Custody Jurisdiction and Enforcement Act if another state has jurisdiction.
Forms and filing
- Form. We did not read a Vermont Judiciary form for a motion to modify parental rights and responsibilities. Ask the clerk of the Family Division that issued your order for current forms and fees.
- Where to file. Usually in the court that entered the order, subject to the jurisdiction act. See child custody in Vermont.
What we could not confirm
- How courts read the test. We read no Vermont Supreme Court decision, so we cannot say how “unanticipated” is applied, whether a change in the child’s needs over time counts, or how a move is treated.
- Relocation. We did not find or read a Vermont statute on notice of a move with the child.
- Parent-child contact only. Section 668 covers orders under the subchapter generally. We did not read a source on whether changing only the contact schedule uses a different test.
- Procedure. We did not read the family division rules, mediation requirements, fee provisions, filing fees or fee waivers.
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