Filing for Custody in Vermont: Forms, Fees, and the Parentage Process

Whether you're married and divorcing or unmarried and separating, establishing legal custody in Vermont requires filing specific forms with the Family Division of the Superior Court. The process differs depending on your marital status, but both paths end at the same place: a court-approved parenting plan under the PR&R framework.

Married Parents: Filing Through Divorce

If you're married, custody is established as part of the divorce proceeding. You'll need to file:

• Information Sheet (Form 800)
• Complaint for Divorce (Form 400-00836 with Children)
• Statement of Confidential Information (Form 400-00849)
• Self-Represented Litigant Notice (Form 400-00831) — if filing without an attorney
• Vermont Divorce Record (VDH-VR-DIV) — vital statistics form

Filing fees:

• Stipulated divorce (both parents agree on all terms): $90
• Contested divorce (any unresolved dispute): $295

If you start with a stipulated filing and it later becomes contested, you'll need to pay the difference ($205) before the court will issue a final order.

Unmarried Parents: The Parentage Action

Unmarried parents establish custody through a parentage action, a separate proceeding that determines legal parent-child relationships and allocates PR&R. Required forms:

• Information Sheet (Form 800)
• Complaint to Establish Parentage (Form 400-00817)
• Statement of Confidential Information (Form 400-00849)
• Self-Represented Litigant Notice (Form 400-00831)

Filing fees:

• Stipulated parentage (both parents agree): $35
• Contested parentage: $120

Parentage actions are critical for unmarried fathers. Without one, an unmarried father may have no legal right to make decisions for or spend time with their child, even if their name is on the birth certificate.

Fee Waivers

Both married and unmarried parents can apply for a fee waiver using Form 600-00228 (Application to Waive Filing Fees) if they:

• Receive public assistance (Reach Up, 3SquaresVT, Medicaid)
• Have household income below 150% of the federal poverty level

The fee waiver covers filing fees and service costs.

Serving the Other Parent

After filing, you must serve the other parent within 30 days. Options, from cheapest to most formal:

1. Acceptance of Service (Form 400-00844) — the other parent signs a form acknowledging receipt. Free.
2. First Class Mail with Waiver (Form 400-00820) — mail the documents with a waiver request. The other parent has 21 days to sign and return. Court fee: $3.
3. Certified Mail — return receipt requested, restricted to the addressee. Cost: $13–$18.50.
4. Sheriff Service — a county sheriff or constable delivers the papers personally. Cost varies by county and distance.

If the other parent won't cooperate with voluntary service, sheriff service ensures proper legal notice.

After Filing: What Happens Next

1. Response deadline: The other parent has 21 days after service to file an Answer (and optionally a Counterclaim, which costs $90)
2. Financial disclosures: Both parents must complete Financial Affidavit forms (400-00813A for divorce, 400-00813S for parentage) within 30 days, including four recent pay stubs and two years of tax returns
3. COPE class: Both parents complete the mandatory 4-hour parenting seminar within 60 days
4. Status conference: The court case manager schedules a conference within 45–90 days to set a temporary schedule and identify disputed issues
5. Default judgment: If the other parent doesn't respond within 21 days, you can file for a default judgment (Form 400-00806), and the court may grant custody based solely on your complaint

Electronic Filing

Vermont courts use the Odyssey File & Serve (OFS) system for electronic filing. The initial e-filing fee is $14, plus a 2.89% credit card processing fee or $1.00 eCheck fee. Not all documents can be e-filed — some forms still require in-person filing at the court clerk's office.

Which Court to File In

File in the county where either parent resides. If you're filing for divorce, at least one spouse must have lived in Vermont for six continuous months before filing, and one must maintain residency for a full year before the final hearing.

The Vermont Child Custody & Parenting Plan Guide walks you through the filing process step by step — including which forms to file for your specific situation, how to complete Form 400-00825 (the parenting plan), and what to expect at each stage of the court process.

See more Vermont guides →