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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 111 : GUARDIANSHIP

Subchapter 002 : PERSONS FOR WHOM GUARDIANS APPOINTED

(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.)