The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 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.
Title 14 : Decedents Estates and Fiduciary Relations
Chapter 111 : Guardianship
Subchapter 002 : Persons for Whom Guardians Appointed
(Cite as: 14 V.S.A. § 2622)-
§ 2622. Definitions
As used in this article:
(1) “Child” means an individual who is under 18 years of age and who is the subject of a petition for guardianship filed pursuant to section 2623 of this title.
(2) “Child in need of guardianship” means:
(A) A child who the parties consent is in need of adult care because of any one of the following:
(i) The child’s custodial parent has a serious or terminal illness.
(ii) A custodial parent’s physical or mental health prevents the parent from providing proper care and supervision for the child.
(iii) The child’s home is no longer habitable as the result of a natural disaster.
(iv) A custodial parent of the child is incarcerated.
(v) A custodial parent of the child is on active military duty.
(vi) The parties have articulated and agreed to another reason that guardianship is in the best interests of the child.
(B) A child who is:
(i) abandoned or abused by the child’s parent;
(ii) without proper parental care, subsistence, education, medical, or other care necessary for the child’s well-being; or
(iii) without or beyond the control of the child’s parent.
(3) “Custodial parent” means a parent who, at the time of the commencement of the guardianship proceeding, has the right and responsibility to provide the routine daily care and control of the child. The rights of the custodial parent may be held solely or shared and may be subject to the court-ordered right of the other parent to have contact with the child. If physical parental rights and responsibilities are shared pursuant to court order, both parents shall be considered “custodial parents” for purposes of this subdivision.
(4) “Nonconsensual guardianship” means a guardianship with respect to which:
(A) a parent is opposed to establishing the guardianship; or
(B) a parent seeks to terminate a guardianship that the parent previously agreed to establish.
(5) “Noncustodial parent” means a parent who is not a custodial parent at the time of the commencement of the guardianship proceeding.
(6) “Parent” means a child’s biological or adoptive parent, including custodial parents; noncustodial parents; parents with legal or physical responsibilities, or both; and parents whose rights have never been adjudicated.
(7) “Parent-child contact” means the right of a parent to have visitation with the child by court order. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
