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
005
:
PETITION TO TERMINATE RELATIONSHIP BETWEEN PARENT AND CHILD
(Cite as: 15A V.S.A. § 3-506)
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§ 3-506. Effect of order denying petition
(a) If the court fails to find a ground stated in section 3-504 of this title for terminating a relationship of parent and child, the court shall deny the petition
to terminate and enter an order as follows:
(1) if the parent who was not the subject of the petition executed a consent or relinquishment
contingent upon termination of the other parent’s relationship of parent and child,
the court shall set aside the consent or relinquishment and make an order determining
the temporary physical custody of the child pursuant to sections 2-408 and 2-409 of this title; or
(2) if the parent’s consent or relinquishment was not contingent, shall terminate the
adoption proceeding and grant legal and physical custody of the minor to the parent
who was the subject of the petition, unless the court finds by clear and convincing
evidence that the prospective adoptive parent has been the primary care provider of
the child for such a period of time that the harm to the child occasioned by a change
in custody would likely be greater than the harm occasioned by not being parented
by the parent who was the subject of the petition. In making this determination, it
shall be a rebuttable presumption that it is in the best interests of the minor to
be parented by the parent. Under such circumstances and notwithstanding any other
provision of law, the court may make a visitation order as provided in section 4-112 of this title.
(b) An order issued under this part denying a petition to terminate a relationship of
parent and child is a final order for purposes of appeal. (Added 1995, No. 161 (Adj. Sess.), § 1.)