CHILD CUSTODY AND PARENTAL RIGHTS & RESPONSIBILITIES AGREEMENT

(State of Vermont – Family Division of the Superior Court)

[// GUIDANCE: This template is drafted for use in Vermont (“VT”) and is designed to be submitted to, and incorporated into, a final order of the Family Division of the Vermont Superior Court. All bracketed fields must be completed or removed prior to execution and filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title & Parties
This Child Custody and Parental Rights & Responsibilities Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
• [PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B”).

Parent A and Parent B are collectively referred to herein as the “Parties,” and individually as a “Party.”

1.2 Recitals
A. The Parties are the biological/legal parents of [MINOR CHILD FULL LEGAL NAME], born [DOB] (the “Child”).
B. An action for parental rights and responsibilities has been commenced in the [COUNTY] Unit of the Vermont Superior Court, Family Division, Docket No. [DOCKET NUMBER] (the “Proceeding”).
C. The Parties desire to resolve all issues of parental rights, responsibilities, and parenting time in accordance with Vermont law, including 15 V.S.A. § 665, and to promote the best interests of the Child.

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below. Defined terms may be used in the singular or plural form.

“Alternate Weekend Schedule” – The parenting schedule under which one parent exercises Parenting Time on alternating weekends from [DAY/TIME] to [DAY/TIME].

“Best Interest Factors” – The statutory factors enumerated in 15 V.S.A. § 665(b), reproduced in Section 3.2 below, which govern any determination affecting the Child.

“Court” – The Vermont Superior Court, Family Division, having jurisdiction over the Proceeding.

“Legal Responsibility” – The right and responsibility to make major decisions for the Child, including decisions regarding education, health care, and religious upbringing, as defined by 15 V.S.A. § 664(1).

“Parenting Time” – The period during which a parent has physical care and supervision of the Child.

“Physical Responsibility” – The day-to-day care of the Child and the right to make routine decisions, as defined by 15 V.S.A. § 664(2).

“Relocation” – Any change in the primary residence of a parent that would significantly impair the other parent’s ability to exercise Parenting Time as scheduled herein.

3. OPERATIVE PROVISIONS

3.1 Allocation of Parental Rights & Responsibilities

a. Legal Responsibility: The Parties shall share joint Legal Responsibility for the Child. All major decisions shall be made after meaningful consultation.
b. Physical Responsibility:
i. Primary Physical Responsibility shall be with [DESIGNATE PARENT].
ii. [NON-PRIMARY PARENT] shall have Parenting Time as set forth in Section 3.3.

[// GUIDANCE: If the Parties intend equal Physical Responsibility, revise subsections (i) and (ii) accordingly.]

3.2 Statutory Best-Interest Factors

The Parties acknowledge and incorporate the Best Interest Factors contained in 15 V.S.A. § 665(b), including:
1. The relationship of the Child with each parent and siblings;
2. Each parent’s ability to provide love, affection, and guidance;
3. Each parent’s ability to assure the Child receives adequate food, clothing, medical care, and a safe environment;
4. The Child’s developmental needs;
5. The quality of the Child’s adjustment to the Child’s present housing, school, and community;
6. The availability of each parent to meet the Child’s present and future needs;
7. Each parent’s past and future relationship with the Child;
8. The ability of the parents to cooperate and communicate;
9. Evidence of abuse; and
10. Any other relevant factor.

[// GUIDANCE: This list is provided verbatim to satisfy Vermont statutory requirements. Do not alter or omit unless statute changes.]

3.3 Parenting Time Schedule

a. Weekday Parenting Time: [DAY(S)] from [TIME] to [TIME].
b. Alternate Weekend Schedule: As defined herein.
c. Holidays & Special Occasions:
• Thanksgiving – [ALLOCATED PARENT] in [EVEN/ODD]-numbered years.
• Winter Break – [DETAILS].
• Child’s Birthday – [DETAILS].
d. Extended Summer Parenting Time: [NUMBER] consecutive weeks, with written notice by [DATE] each year.
e. Make-Up Parenting Time: Any missed Parenting Time shall be rescheduled within [30] days, unless mutually waived in writing.

3.4 Transportation & Exchanges

a. Exchanges shall occur at [LOCATION] unless otherwise agreed in writing.
b. Each Party shall be responsible for [PERCENTAGE]% of transportation.

3.5 Communication with the Child

Each parent shall have reasonable telephone, video, and electronic contact with the Child during the other parent’s Parenting Time, not to exceed [DURATION] minutes per contact unless agreed otherwise.

3.6 Decision-Making Protocol

a. Routine Decisions: Made by the parent exercising Physical Responsibility at the time.
b. Major Decisions: Require joint consultation at least [NUMBER] days in advance, except in emergencies.
c. Dispute Resolution: Unresolved disputes shall proceed per Section 8.2.

3.7 Relocation

a. Notice Requirement: A parent intending Relocation must give the other parent [60] days’ written notice specifying the proposed new address and reason for Relocation.
b. Good Faith Consultation: The Parties shall confer within [15] days of notice to attempt to modify Parenting Time by agreement.
c. Court Approval: If no agreement is reached, the parent seeking Relocation shall file a motion to modify under 15 V.S.A. § 668, and the Court shall apply the Best Interest Factors.
d. Interim Arrangements: Pending Court determination, Parenting Time shall continue per this Agreement unless the Court orders otherwise.

3.8 Child Support

Child support shall be determined by separate order of the Court in accordance with Vermont Child Support Guidelines and is incorporated herein by reference upon entry.

3.9 Conditions Precedent & Subsequent

This Agreement is conditioned upon Court approval. Failure to obtain approval within [90] days of execution shall render this Agreement voidable at the option of either Party.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that he or she is the Child’s legal parent, is not under any legal disability, and has full authority to enter into and perform this Agreement.

4.2 No Conflicting Orders. Each Party represents that, other than the Proceeding, no protective order, juvenile matter, or other custody proceeding concerning the Child is pending in any jurisdiction.

4.3 Complete Disclosure. Each Party warrants that all information material to the Child’s welfare has been disclosed to the other Party.

4.4 Survival. The representations and warranties herein shall survive execution and Court approval of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Positive Co-Parenting. Each Party shall foster love and respect between the Child and the other parent and shall not speak negatively about the other parent in the Child’s presence.

5.2 Compliance with Schedule. Each Party shall strictly comply with the Parenting Time schedule and decision-making protocols herein.

5.3 Substance Use. Neither Party shall consume alcohol to excess nor use illicit substances during, or within [12] hours before, any Parenting Time.

5.4 Notice of Material Events. Each Party shall notify the other within [24] hours of any material health, safety, or educational issue affecting the Child.

5.5 Passport & Travel. The Child’s passport shall be held by [DESIGNATE PARENT/ALTERNATIVE]. International travel requires the written consent of both parents at least [30] days in advance.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute a default (“Default”):
a. Material violation of any Parenting Time provision;
b. Unilateral Relocation without compliance with Section 3.7;
c. Denial of access to the Child absent emergency;
d. Failure to obtain required consents for major decisions.

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the Default. The defaulting Party shall have [10] days to cure, except in emergencies.

6.3 Remedies. If the Default is not cured:
a. The Parties shall first participate in mediation within [30] days;
b. Failing resolution, either Party may petition the Court for enforcement, contempt, modification, compensatory (make-up) Parenting Time, or attorney’s fees.

6.4 Attorney’s Fees & Costs. Upon a finding of wilful non-compliance, the defaulting Party shall pay the reasonable attorney’s fees and costs of the non-defaulting Party.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Party (“Indemnifying Parent”) shall indemnify and hold harmless the other Party (“Indemnified Parent”) from any claims, damages, or expenses (including reasonable attorney’s fees) arising out of the Indemnifying Parent’s breach of this Agreement or conduct endangering the Child’s welfare.

7.2 Limitation of Liability. Not applicable; no monetary caps shall limit a parent’s obligation to safeguard the Child.

7.3 Insurance. Each Party shall maintain medical insurance for the Child as required by the Court’s child support order or as otherwise mutually agreed.

7.4 Force Majeure. Parenting Time may be temporarily suspended for events beyond a Party’s reasonable control (e.g., natural disaster). The Parties shall reschedule missed time within [30] days.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by the domestic relations laws of the State of Vermont.

8.2 Mediation. Except in emergencies, disputes shall be submitted to a mediator certified by the Vermont Judiciary’s mediation program within [30] days of written demand.

8.3 Court Jurisdiction & Forum Selection. The Family Division of the Vermont Superior Court retains exclusive jurisdiction over all matters arising from or related to this Agreement.

8.4 Arbitration. The Parties acknowledge that binding arbitration of child-custody matters is limited under Vermont law; therefore, any arbitration undertaken shall be advisory only and subject to Court review and approval.

8.5 Jury Waiver. Jury trial is unavailable in Vermont family-court custody proceedings; accordingly, the Parties waive any right thereto.

8.6 Injunctive Relief. Nothing herein shall limit the Court’s authority to issue emergency or temporary orders modifying this Agreement to protect the Child.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification of this Agreement shall be valid unless in writing, signed by both Parties, and approved by the Court. Waiver of any provision on one occasion shall not constitute waiver on any other occasion.

9.2 Assignment & Delegation. Parental rights and responsibilities are personal; neither Party may assign or delegate any duty hereunder.

9.3 Successors & Assigns. This Agreement shall bind the Parties and their respective heirs, personal representatives, and permitted assigns.

9.4 Severability & Reformation. If any provision is held unenforceable, the remaining provisions shall remain in effect. The unenforceable provision shall be reformed to the minimum extent necessary to comply with applicable law while effectuating the Parties’ intent.

9.5 Integration. This Agreement constitutes the entire understanding of the Parties concerning custody, superseding all prior agreements, whether oral or written.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

ACKNOWLEDGMENT

State of Vermont
County of [COUNTY]

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PARENT A NAME] and [PARENT B NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

Notary Public
My commission expires: _____

[// GUIDANCE: Verify local notarial requirements; some counties may require separate acknowledgments.]

End of Document