H.220

Subject: Domestic relations; annulment and divorce; rights and responsibilities 9 order; best interests of the child

Statement of purpose of bill as introduced: This bill proposes to require the Court to order shared parental rights and responsibilities and equal parent-child contact provided it is in the best interests of the child.

An act relating to shared parental rights and responsibilities and equal parent-child contact

It is hereby enacted by the General Assembly of the State of Vermont:

BILL AS INTRODUCED

Sec. 1. 15 V.S.A. § 665 is amended to read:

§ 665. RIGHTS AND RESPONSIBILITIES ORDER; BEST INTERESTS OF

THE CHILD

(a) In an action under this chapter, the Court shall make an order

concerning parental rights and responsibilities of any minor child of the

 parties. The Court may order parental rights and responsibilities to be awarded

primarily or solely to one parent or divided or shared between the parents on

such terms and conditions as serve the best interests of the child. When the

parents cannot agree to divide or share parental rights and responsibilities, the

Court shall award parental rights and responsibilities primarily or solely to one

parent.

(1) To the extent that it is reasonable and in the best interests of the

child, the Court shall order shared parental rights and responsibilities and equal

parent-child contact, unless physical harm or significant emotional harm to the

child, other children, or either parent is likely to result.[1]

(A) The Court shall consider granting[2] shared parental rights and

responsibilities and equal parent-child contact upon a request by either parent.

Both parents shall be allowed an opportunity to submit a parenting plan when there is a request for the Court to consider shared parental rights and equal

parent-child contact.

(B) When the Court does not award shared parental rights and

 responsibilities and equal parent-child contact, the Court shall cite by clear and

convincing evidence the factors in subsection (b) of this section that make

shared parental rights and responsibilities and equal parent-child contact

unreasonable and not in the best interests of the child. 

(2) If the Court finds a history of abuse, there shall be a rebuttable

presumption against awarding shared parental rights and responsibilities and

equal parent-child contact.[3]

(3) The Court shall consider a parent’s unreasonable denial of

continuing contact with the other parent as a significant factor in determining

parental rights and responsibilities. Denial of continuing contact based on a

just cause, such as a history of abuse, shall be deemed reasonable. 

(4) If the Court finds a history of abuse and a parent has relocated to

avoid further abuse, the Court shall not consider the relocation as a factor

against awarding parental rights and responsibilities and parent-child contact to

the relocated parent. 

(b) In making an order under this section, the Court shall be guided by the

best interests of the child[4], and shall consider at least the following factors: 

(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 ensure that the

child receives adequate food, clothing, medical care, other material needs, and

a safe environment;[5]

(3) the ability and disposition of each parent to meet the child’s present

and future developmental needs;[6] 

(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,

including physical contact, except where contact will result in harm to the child

or to a parent;[7] 

(6) the quality of the child’s relationship with the primary care provider,

if appropriate given the child’s age and development whether the

psychological and emotional needs and development of the child will suffer

due to lack of equal opportunity for active contact with and attention from

both parents; 

(7) the relationship of the child with any other person who may

significantly affect the child the interaction and relationship of the child with

his or her grandparents, siblings, persons cohabitating with a parent of the

child, any other residents of the household, or persons who may significantly

affect the child’s best interests[8];

(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; and 

(9) evidence of abuse, as defined in section 1101 of this title, and the

impact of the abuse on the child and on the relationship between the child and

the abusing parent. evidence of abuse[9], including the issuance of a protective

order against the parent or the issuance of a court order or consent agreement,

the issuance of an emergency order, or a conviction for domestic assault;

(10) whether both parents have actively cared for the child before and

since separation;[10] 

(11) the child’s wishes, taking into consideration the child’s age and

maturity and child’s ability to communicate his or her wishes; 

(12) whether one or both of the parents agree to shared parental rights

and responsibilities; 

(13) the geographic proximity of the parents; and 

(14) whether the safety of the child, other children, or the other parent

will be jeopardized by awarding shared parental rights and responsibilities or

by unsupervised visitation.[11] 

(c) The Court shall not apply a preference for one parent over the other

because of the sex of the child, the sex of a parent, or the financial resources of

a parent.[12]

(d) The Court may order a parent who is awarded responsibility for a

certain matter involving a child’s welfare to inform the other parent when a

major change in that matter occurs. 

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(g) Both parents shall have access to information and documentation

concerning the child, including medical records, educational records, and law

enforcement records. The Court may limit access granted by this subsection in

the parental rights and responsibilities order.

(h) Prior to issuing an order regarding parental rights and responsibilities,

the Court may require the parties to participate in mediation to determine

whether shared parental rights and responsibilities and equal parent-child

contact is in the best interests of the child. The Court shall not order mediation

under this subsection unless it has determined that there is no history of abuse

and that no physical harm or significant emotional harm to the child, other

children, or either parent is likely to result from shared parental rights and

responsibilities and equal parent-child contact. The cost of mediation ordered

pursuant to this subsection shall be paid by the parties or as directed by

the Court.[13]

Sec. 2. 15 V.S.A. § 665b is added to read: 

§ 665b. CONDITIONS OF PARENTAL RIGHTS AND

RESPONSIBILITIES ORDER

(a) Prior to issuing an order on parental rights and responsibilities and

parent-child contact pursuant to section 665 of this title, the Court may require

the parents to submit, individually or jointly, a proposed shared physical care

parenting plan. A proposed parenting plan shall address the following: 

(1) how the parents will make decisions affecting the child; 

(2) how the parents will provide a home for the child; 

(3) how the child’s time will be divided between the parents and how

each parent will facilitate the child’s time with the other parent; 

(4) arrangements for the child’s expenses in addition to court-ordered

child support;[14] 

(5) how the parents will resolve major changes or disagreements

affecting the child, including changes that arise due to the child’s age and

development needs; and 

(6) any other issues the Court considers appropriate.[15] 

(b) The Court shall award equal parent-child contact upon the request of

either parent unless physical harm or significant emotional harm to the child,

other children, or either parent is likely to result.

(1) The Court may award equal parent-child contact regardless of

whether shared parental rights and responsibilities are awarded.[16] 

(2) Whenever the Court does not grant equal parent-child contact, it

shall give specific findings of fact and conclusions of law that awarding equal

parent-child contact is not in the best interests of the child pursuant to

subsection 665(b) of this title. The standard of proof on the issue shall be clear

and convincing evidence. 

(c) If shared physical rights and responsibilities are not awarded, except in

cases in which the Court determines it would be unsafe for either the parent or

child, the parent responsible for providing primary physical care shall support

the other parent’s relationship with the child. 

(d) Physical rights and responsibilities awarded solely or primarily to one

parent do not affect the other parent’s rights and responsibilities as a joint legal

custodian of the child. Shared legal rights and responsibilities include equal

participation in decisions affecting the child’s legal status, medical care,

education, extracurricular activities, and religious instruction. 

(e) If the parents have more than one minor child and the Court awards

each parent physical responsibility of one or more children, either parent may

request the Court to include a provision in the rights and responsibility order

directing the parents to allow visitation between the children. In deciding on a request under this subsection, the Court shall consider whether the request is reasonable and in the best interests of the children. 

(f) When a parent awarded legal and physical rights of a child cannot act as

custodian or caretaker because the parent has died or has been found by a court

to be incompetent, the Court shall award legal rights and physical rights of the

child to the other parent unless the Court finds that such an award is not in the

child’s best interests.[17] 

Sec. 3. 15 V.S.A. § 668 is amended to read: 

§ 668. MODIFICATION OF ORDER 

(a) On motion of either parent or any other person to whom custody or

parental rights and responsibilities have previously been granted, and upon a

showing of real, substantial, and unanticipated change of circumstances, the

Court may annul, vary, or modify an order made under this subchapter if it is

in the best interests of the child, whether or not the order is based upon a

stipulation or agreement. 

(b) Whenever a judgment for physical responsibility is modified, the Court

shall order a child support modification hearing to be set and notice to be given

to the parties. Unless good cause is shown to the contrary, the Court shall

simultaneously issue a temporary order pending the modification hearing, if

adjustments to those portions of any existing child support order or wage

withholding order that pertain to any child affected by the modification are

necessary to assure ensure that support and wages are paid in amounts

proportional to the modified allocation of responsibility between the parties. 

(c) A final order related to parental rights and responsibilities and parent

child contact issued pursuant to subdivision 665(f)(1) of this title shall not be

subject to modification. A party may file a motion for modification of an order

related to parental rights and responsibilities and parent child parent-child

contact issued pursuant to subdivision 665(f)(2) of this title only upon a

showing of extraordinary, real, substantial, and unanticipated change of

circumstances. 

(d) In response to a motion made pursuant to this section, the Court may

require the parents to participate in mediation to attempt to resolve the

differences between the parties. The Court shall not order mediation under this

subsection unless it has determined that there is no history of abuse and that no

physical harm or significant emotional harm to the child, other children, or

either parent is likely to result. 

Sec. 4. EFFECTIVE DATE 

This act shall take effect on July 1, 2015.