Vermont Custody Relocation: Can You Move Out of State With Your Child?

Relocation disputes are among the most intensely litigated custody issues in Vermont. Whether you're the parent planning to move or the one trying to prevent it, the legal framework is more nuanced than a simple yes-or-no answer.

The Legal Standard: Hawkes v. Spence

Vermont's controlling relocation standard comes from the landmark Vermont Supreme Court case Hawkes v. Spence (2005 VT 57). Courts follow a two-step analysis:

Step 1: The Threshold Test

The non-relocating parent must prove that the proposed move constitutes a "real, substantial, and unanticipated change of circumstances" under 15 V.S.A. § 668(a). Vermont adopted Section 2.17(1) of the American Law Institute's principles, which means a relocation is only a substantial change when it significantly impairs the other parent's ability to continue exercising their existing parental rights and contact.

Three factors determine whether impairment exists:

• How much custodial time each parent has been exercising, and for how long
• The physical distance of the proposed move and its expected duration
• Whether alternative contact arrangements can adequately compensate for the distance

A move from Burlington to Montpelier (45 minutes) is different from a move from Burlington to California. The greater the disruption to the existing schedule, the easier it is to clear the threshold.

Step 2: Best-Interests Re-evaluation

If the court finds significant impairment, it conducts a fresh best-interests analysis under all nine factors of 15 V.S.A. § 665(b). The judge decides from scratch whether modifying physical responsibility is warranted — the relocating parent doesn't get a presumption in their favor just because they currently hold primary physical responsibility.

The 48-Hour Travel Rule

Once a custody case has been filed, neither parent may take the children out of Vermont for more than 48 hours without:

• Written consent from the other parent, OR
• A prior court order authorizing the travel

This isn't just about relocation — it applies to vacations, family visits, and weekend trips. Violating this rule during pending litigation can seriously harm your credibility with the judge.

When Relocation Gets Denied

Courts deny relocation requests when:

• The move is motivated by a desire to limit the other parent's contact rather than a legitimate reason (job opportunity, family support, new relationship)
• No workable alternative contact schedule exists — the child's relationship with the non-relocating parent would effectively be destroyed
• The child has deep roots in their current school and community, and uprooting them would cause more harm than the proposed benefit

When Relocation Gets Approved

Courts approve relocation when:

• A legitimate reason exists (documented job offer, proximity to extended family support, lower cost of living)
• The relocating parent proposes a detailed alternative contact plan — extended summer blocks, school breaks, regular video calls, travel cost-sharing
• The non-relocating parent hasn't been actively exercising their existing contact time

The Interference Trap

The Vermont Supreme Court has ruled that if a primary parent relocates and then acts to block contact — withholding a new address, hiding phone numbers, changing schools without notice — this interference constitutes a substantial change of circumstances on its own. It can justify a complete transfer of physical responsibility to the non-relocating parent.

If you relocate, maintaining transparent, cooperative contact is legally essential.

Preparing for a Relocation Case

Whether you're moving or opposing a move:

• Document the current schedule — exactly how many overnights each parent exercises and for how long this pattern has been in place
• Gather evidence of the reason — job offer letters, housing research, family support documentation
• Draft an alternative contact plan — specific schedules for summer, holidays, and technology-based contact
• Calculate travel costs — who pays for transportation and how

The Vermont Child Custody & Parenting Plan Guide includes a modification assessment worksheet designed for relocation cases, helping you evaluate the legal threshold and prepare evidence for either side.

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