The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
§ 1011. Jurisdiction
(a) A court that has considered or is considering the custody or visitation of a minor
child may award visitation rights to a grandparent of the child, upon written request
of the grandparent filed with the court, if the court finds that to do so would be
in the best interests of the child.
(b) No grandparent shall be afforded party status, but may be called as a witness by the
court, and shall be subject to cross-examination by the parties.
(c) No appeal may be taken by any grandparent from the court’s decision on visitation
as it pertains to any grandparent.
(d) A grandparent who has visitation rights under this section may move the court for
enforcement of the court’s order in the same manner as would a party. A hearing shall
be held and notice shall be given to the parties pursuant to the Vermont Rules of
Civil Procedure. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984; amended 2009, No. 154 (Adj. Sess.), § 127.)
§ 1012. If a parent is deceased or cannot decide
If a parent of a minor child is deceased, physically or mentally incapable of making
a decision, or has abandoned the child, a grandparent of the child may commence an
action in Superior Court in the county in which the custodian of the child resides
to obtain visitation rights. The action shall promptly be tried without a jury in
the same manner as a divorce case. The custodian of the child shall be the party
defendant. In the event that the custodian of the child is not the parent of the
child, the parent shall also be joined as a party defendant. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
§ 1013. Decision
(a) The court shall grant the petitioner reasonable visitation or access to the grandchild
upon determining that to do so would be in the best interests of the child.
(b) In determining the best interests of the child, the court shall consider the following
factors:
(1) the love, affection, and other emotional ties existing between the grandparents involved
and the child;
(2) the capacity and disposition of the parties involved to give the child love, affection,
and guidance;
(3) the nature of the relationship between the petitioner and the grandchild and the desirability
of maintaining that relationship;
(4) the moral fitness of the parties;
(5) the mental and physical health of the parties;
(6) the reasonable preference of the child, if the court deems the child to be of sufficient
age to express a preference;
(7) the willingness and ability of the petitioner to facilitate and encourage a close
and continuing relationship between the child and the other parties; and
(8) any other factor which the court considers to be relevant to a just determination
regarding visitation or access. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
§ 1014. Modification
A court may modify or terminate any order granted under this section, issue any orders
necessary to the enforcement of rights or the protection of parties under this section,
and award costs for defending or prosecuting actions under this section. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
§ 1015. Limit on refiling
Absent a real, substantial, and unanticipated change of circumstances, no person whose
petition under this section is denied with prejudice may file another petition under
this section sooner than one year after that denial. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)
§ 1016. Automatic expiration
When a child subject to an order under this chapter is later adopted, the order under
this chapter expires, except when the adopting parent is a stepparent, grandparent,
or other relative of the child. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)