The court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent or the financial resources of a parent. The court may order parental rights and responsibilities to be divided or shared between the parents on such terms and conditions as serve the best interests of the child. When the parents cannot agree to divide or share parental rights and responsibilities, the court shall award parental rights and responsibilities primarily or solely to one parent. In making an order under this section, the court shall be guided by the best interests of the child, and shall consider at least the following factors:
- The relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection and guidance;
- The ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment;
- The ability and disposition of each parent to meet the child's present and future developmental needs;
- The quality of the child's adjustment to the child's present housing, school and community and the potential effect of any change;
- The ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a parent;
- The quality of the child's relationship with the primary care provider, if appropriate given the child's age and development;
- The relationship of the child with any other person who may significantly affect the child;
- The ability and disposition of the parents to communicate, cooperate with each other and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided; and
- Evidence of abuse, as defined in section 1101 of this title, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
[Based on Vermont Statutes - Title 15 - Chapter 11: Subchapter 3 - Section 665]
CHILD SUPPORT:Vermont bases child support on the income shares model. Except in situations where there is shared or split physical custody, the total child support obligation shall be divided between the parents in proportion to their respective available incomes and the non-custodial parent shall be ordered to pay, in money, his or her share of the total support obligation to the custodial parent. In any proceeding to establish or modify child support, the total child support obligation for the children who are the subject of the support order shall be adjusted if a parent is also responsible for the support of additional dependents that are not the subject of the support order.
The total support obligation shall be presumed to be the amount of child support needed. Upon request of a party, the court shall consider the following factors in respect to both parents:
- The financial resources of the child.
- The financial resources of the custodial parent.
- The standard of living the child would have enjoyed had the marital relationship not been discontinued
- The physical and emotional condition of the child.
- The educational needs of the child.
- The financial resources and needs of the non-custodial parent.
- Inflation
- The costs of meeting the educational needs of either parent, if the costs are incurred for the purpose of increasing the earning capacity of the parent.
- Extraordinary travel and other travel-related expenses incurred in exercising the right to parent-child contact.
- Any other factors the court finds relevant.
The court may order support to be continued until the child attains the age of majority or terminates secondary education, whichever is later. If the parties agree, the court may include in the child support order an additional amount designated for the purpose of providing for postsecondary education.
[Based on Vermont Statutes - Title 15 - Chapter 11: Subchapter 3 - Section 656 - 659]
