The Vermont Statutes Online
The Statutes below include the actions of the 2025 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.
Subchapter
002
:
PERSONS FOR WHOM GUARDIANS APPOINTED
(Cite as: 14 V.S.A. § 2624)
-
§ 2624. Jurisdiction; transfer to Family Division
(a) Except as provided in subsection (b) of this section, the Probate Division shall have
exclusive jurisdiction over proceedings under this article involving guardianship
of minors.
(b)(1)(A) A custodial minor guardianship proceeding brought in the Probate Division under this
article shall be transferred to the Family Division if there is an open proceeding
in the Family Division involving custody of the same child who is the subject of the
guardianship proceeding in the Probate Division.
(B) A minor guardianship proceeding brought in the Probate Division under this article
may be transferred to the Family Division on motion of a party or on the court’s own
motion if any of the parties to the probate proceeding was a party to a closed divorce
proceeding in the Family Division involving custody of the same child who is the subject
of the guardianship proceeding in the Probate Division.
(2)(A) When a minor guardianship proceeding is transferred from the Probate Division to the
Family Division pursuant to subdivision (1) of this subsection (b), the Probate judge
and a Superior judge assigned to the Family Division shall confer regarding jurisdiction
over the proceeding. Except as provided in subdivision (B) of this subdivision (2),
all communications concerning jurisdiction between the Probate judge and the Superior
judge under this subsection shall be on the record. Whenever possible, a party shall
be provided notice of the communication and an opportunity to be present when it occurs.
A party who is unable to be present for the communication shall be provided access
to the record.
(B) It shall not be necessary to inform the parties about or make a record of a communication
between the Probate judge and the Superior judge under this subsection (b) if the
communication involves scheduling, calendars, court records, or other similar administrative
matters.
(C) After the Superior judge and Probate judge confer under subdivision (2)(A) of this
subsection (b), the Superior judge may:
(i) consolidate the minor guardianship case with the pending matter in the Family Division
and determine whether a guardianship should be established under this article; or
(ii) transfer the guardianship petition back to the Probate Division for further proceedings
after the pending matter in the Family Division has been adjudicated.
(D) If a guardianship is established by the Family Division pursuant to subdivision (2)(C)(i)
of this subsection, the guardianship case shall be transferred back to the Probate
Division for ongoing monitoring pursuant to section 2631 of this title. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)