The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : Guardianship

Subchapter 002 : PERSONS FOR WHOM GUARDIANS APPOINTED

• § 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.)