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Searching 2023-2024 Session

The Vermont Statutes Online

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

NOTE: The online version of the Vermont Statutes does NOT yet include the actions of the 2023 legislative session. The 2023 updates should be available by the end of October.

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : GUARDIANSHIP


(Cite as: 14 V.S.A. § 2623)
  • § 2623. Petition for guardianship of minor; service

    (a) A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child. The petition shall state:

    (1) the names and addresses of the parents, the child, and the proposed guardian;

    (2) the proposed guardian’s relationship to the child;

    (3) the names of all members of the proposed guardian’s household and each person’s relationship to the proposed guardian and the child;

    (4) that the child is alleged to be a child in need of guardianship;

    (5) specific reasons with supporting facts why guardianship is sought;

    (6) whether the parties agree that the child is in need of guardianship and that the proposed guardian should be appointed as guardian;

    (7) the child’s current school and grade level;

    (8) if the proposed guardian intends to change the child’s current school, the name and location of the proposed new school and the estimated date when the child would enroll;

    (9) the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period; and

    (10) any prior or current court proceedings, child support matters, or parent-child contact orders involving the child.

    (b)(1) A petition for guardianship of a child under this section shall be served on all parties and interested persons as provided by Rule 4 of the Vermont Rules of Probate Procedure.

    (2)(A) The Probate Division may waive the notice requirements of subdivision (1) of this subsection (b) with respect to a parent if the court finds that:

    (i) the identity of the parent is unknown; or

    (ii) the location of the parent is unknown and cannot be determined with reasonable effort.

    (B) After a guardianship for a child is created, the Probate Division shall reopen the proceeding at the request of a parent of the child who did not receive notice of the proceeding as required by this subsection. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)