Filing for Divorce with Children in Vermont

When minor children are involved, a Vermont divorce adds mandatory steps that childless cases skip entirely: a parenting plan, child support calculations, the COPE parenting class, and court-managed service of process. The court's overriding concern shifts from the spouses' agreement to the children's best interests.

Vermont Uses "Parental Rights and Responsibilities"

Vermont doesn't use the word "custody" in its statutes. Instead, the court assigns "Parental Rights and Responsibilities" (PR&R) under 15 V.S.A. § 665, divided into two categories:

Physical responsibility determines where the children live and the day-to-day parenting schedule. This can be shared (children split time between both homes) or primarily with one parent, with the other having regular parent-child contact.

Legal responsibility covers major decisions about the children's education, healthcare, religious upbringing, and extracurricular activities. This is often shared between both parents regardless of physical arrangements.

The court considers the children's best interests when approving any PR&R arrangement, evaluating factors like:

• Each parent's ability to provide for the children's physical and emotional needs
• The children's existing relationships with each parent
• Each parent's willingness to foster the children's relationship with the other parent
• The children's adjustment to their home, school, and community
• Any history of domestic violence or substance abuse

The Agreement on Parental Rights Form

If you and your spouse agree on custody arrangements, you submit Form 400-00825 (Agreement on Parental Rights and Responsibilities) as part of your filing. This form requires:

• A detailed schedule of when children are with each parent (weekdays, weekends, holidays, school breaks, summer)
• Who holds legal responsibility for major decisions (or whether it's shared)
• How parents will communicate about the children
• How future disputes about parenting will be resolved

The judge reviews this agreement at the final hearing and can reject it if the arrangement doesn't serve the children's best interests. A parenting plan where one parent has no contact, or where the schedule is impractical given geography and school schedules, will be questioned.

Child Support Guidelines

Vermont calculates child support using an income-shares model based on both parents' gross incomes, the number of children, and the parenting time split. The state provides an official child support calculator through the court system.

Key inputs to the calculation:

• Both parents' gross income (wages, self-employment, investments, benefits)
• Cost of health insurance for the children
• Child care expenses
• Extraordinary medical or educational costs
• Number of overnights each parent has per year

The court expects both parties to complete the child support calculation and attach it to their filing. If you agree on support, include it in your Final Stipulation. If you disagree, the judge runs the calculation and sets the amount.

Child support can be modified after the decree if there's a substantial change in either parent's income or the children's needs.

The COPE Parenting Class

Vermont requires both parents to complete COPE (Children and Parents Empowerment) — a court-mandated parent education program. The class covers:

• How divorce affects children at different developmental stages
• Communication strategies for co-parenting
• How to keep children out of parental conflict

The fee is $79 per parent. Both parents must complete the class before the court will schedule a final hearing. COPE is available online and in-person through several approved providers across the state.

How Children Change the Filing Process

Several procedural differences apply when children are involved:

Service of process. The court clerk manages service rather than the plaintiff. You select a preferred method at filing, and the clerk initiates it. You still pay the costs.

No hearing waiver. Stipulated cases without children can skip the final hearing (Form 400-00841). When children are involved, a final hearing is mandatory — the judge must confirm the parenting plan serves the children's best interests in person.

Six-month minimum before final hearing. When children are involved, the court generally won't schedule a final hearing until at least six months after the case is filed. This gives both parents time to complete COPE, establish temporary arrangements, and adjust.

Additional forms required:

• Form 400-00825 (Agreement on Parental Rights and Responsibilities)
• Child support calculation worksheet
• Financial Affidavits (Forms 400-00813A and 400-00813B — required in all cases, but especially scrutinized when children are involved)

Temporary Orders During the Case

If you need immediate arrangements while the divorce is pending — who the children live with, temporary support, use of the family home — you can request temporary orders from the court. These are typically addressed at the case management conference, held six to ten weeks after filing.

Temporary orders stay in effect until the final decree replaces them. They don't prejudice the final outcome — a temporary custody arrangement doesn't guarantee the same arrangement in the final order.

For a complete guide to the parenting-related forms and deadlines — including a child support preparation worksheet — see the Vermont Divorce Filing Process Guide.

See more Vermont guides →