§ 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;
(10) any prior or current court proceedings, child support matters, or parent-child contact
orders involving the child;
(11) whether the petition seeks a standby guardianship and the reasons for the request,
including the adverse immigration action that the custodial parent is subject to;
and
(12) whether the petition is an emergency petition filed pursuant to subdivision 2625(f)(1) of this title.
(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;
(ii) the location of the parent is unknown and cannot be determined with reasonable effort;
or
(iii)(I) the custodial parent is detained as the result of an adverse immigration action; and
(II) the guardian and the custodial parent’s attorney are unable to contact the custodial
parent after making reasonable efforts.
(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 (b). (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014; amended 2025, No. 31, § 3, eff. May 22, 2025.)