How to Prepare for a Custody Hearing in Vermont

Walking into a Vermont family court hearing without preparation is one of the most common mistakes self-represented parents make. The judge will evaluate your case against nine specific statutory factors — and you need to address each one with organized, relevant evidence.

What Happens at a Custody Hearing

Vermont custody hearings take place in the Family Division of the Superior Court. The process typically follows this sequence:

1. Opening statements — each parent (or their attorney) briefly summarizes their position
2. Evidence presentation — documents, photographs, records, and witness testimony
3. Cross-examination — each side can question the other's witnesses
4. Closing arguments — summarize how the evidence supports your proposed arrangement
5. Judge's decision — the court issues written findings on each of the nine best-interests factors under 15 V.S.A. § 665(b)

If you've filed a stipulated (agreed) case, the hearing is much shorter — the judge reviews your agreement for fairness and asks a few questions to confirm both parents understand and consent.

Organizing Your Evidence

Structure your preparation around the nine best-interests factors. For each factor, gather:

Factor 1 (Love, affection, guidance): School event attendance records, photos of activities with your child, emails or texts showing engagement in your child's daily life.

Factor 2 (Physical needs and safety): Proof of stable housing, your home setup for the child (their room, storage for belongings), medical insurance documentation.

Factor 3 (Developmental needs): Records of involvement in educational support, extracurricular activities, therapy appointments, or learning interventions you've facilitated.

Factor 4 (Continuity): Evidence of how long your child has lived in their current home and school district, academic records showing adjustment, friend networks.

Factor 5 (Fostering the other parent's relationship): Communication logs showing your support for the child's relationship with the other parent. This is where text messages and emails matter most — save everything that shows cooperative behavior.

Factor 9 (Abuse): If relevant, police reports, medical records, Relief From Abuse orders, photographs of injuries, documentation of coercive controlling behavior.

What to Bring

• Three copies of every document — one for the judge, one for the other parent, one for you
• A written parenting plan proposal — your proposed schedule, decision-making arrangement, and dispute resolution method, ideally on Form 400-00825
• Financial affidavit (Form 400-00813A) — required for child support calculations
• Four most recent pay stubs and two most recent tax returns — statutory mandate for both parents
• Child support worksheet with your calculations
• A written outline of your key points — not a script to read, but a reference to keep you on track

Common Mistakes to Avoid

Badmouthing the other parent. The judge is evaluating Factor 5 in real time. Speaking negatively about your co-parent in the courtroom signals an inability to support the child's relationship with them.

Bringing your child to court. Unless specifically directed by the judge, children should not be in the courtroom. Vermont courts work to keep children out of the middle of parental disputes.

Getting emotional instead of factual. Judges make decisions based on evidence, not emotion. Present facts calmly and let the evidence speak.

Ignoring the financial disclosures. Failing to complete your financial affidavit or bring supporting documents delays the process and frustrates the court. Child support can't be calculated without accurate financial data.

Over-preparing witnesses. Witness testimony should be truthful and spontaneous. Overly rehearsed witnesses lose credibility on cross-examination.

The Status Conference (Your First Court Appearance)

Before a contested hearing, most Vermont custody cases go through a status conference with a court case manager, typically scheduled 45–90 days after filing. This isn't a hearing — it's an opportunity to:

• Identify the specific issues in dispute
• Establish a temporary parenting schedule
• Determine whether mediation or a custody evaluation is needed
• Set a timeline for the case

Treat the status conference seriously. The case manager's impression matters, and temporary arrangements established here often influence the final order.

Getting Hearing-Ready

Start preparing weeks before your hearing date. Organize documents chronologically, write out your key arguments, and practice presenting calmly. If you can, attend a different family court hearing as an observer to see the process firsthand.

The Vermont Child Custody & Parenting Plan Guide includes a mediation preparation worksheet and a court-hearing evidence organizer mapped to each of the nine best-interests factors.

See more Vermont guides →