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. § 2632)
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§ 2632. Termination
(a) A parent may file a motion to terminate a guardianship at any time. The motion shall
be filed with the Probate Division that issued the guardianship order and served on
all parties and interested persons.
(b)(1) If the motion to terminate is made with respect to a consensual guardianship established
under section 2626 of this title or a standby guardianship established under section 2626a of this title, the court shall grant the motion and terminate the guardianship unless the guardian
files a motion to continue the guardianship within 30 days after the motion to terminate
is served. In the case of a standby guardianship established under section 2626a of this title, the court may, for good cause shown, accept filings that do not meet the format
and signing requirements for the motion under Vermont Rules of Probate Procedure 10
and 11.
(2) If the guardian files a motion to continue the guardianship, the matter shall be set
for hearing and treated as a nonconsensual guardianship proceeding under section 2627 of this title. The parent shall not be required to show a change in circumstances, and the court
shall not grant the motion to continue the guardianship unless the guardian establishes
by clear and convincing evidence that the minor is a child in need of guardianship
under subdivision 2622(2)(B) of this title. In the case of a standby guardianship established under section 2626a of this title, the custodial parent shall be permitted to appear at and participate in the hearing
remotely.
(3) If the court grants the motion to continue, it shall issue an order establishing a
guardianship under section 2628 of this title.
(c)(1) If the motion to terminate the guardianship is made with respect to a nonconsensual
guardianship established under section 2627 or subdivision 2632(b)(3) of this title, the court shall dismiss the motion unless the parent establishes that a change in
circumstances has occurred since the previous guardianship order was issued.
(2) If the court finds that a change in circumstances has occurred since the previous
guardianship order was issued, the court shall grant the motion to terminate the guardianship
unless the guardian establishes by clear and convincing evidence that the minor is
a child in need of guardianship under subdivision 2622(2)(B) of this title. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014; amended 2025, No. 31, § 8, eff. May 22, 2025.)