Child Custody Agreement - Vermont

CHILD CUSTODY AND PARENTAL RIGHTS & RESPONSIBILITIES AGREEMENT

(Vermont Form 400-00825 Companion Parenting Plan)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Required Parenting-Plan Subjects
5. Safety, Information, and Communication
6. Order, Modification, and Enforcement Control
7. Dispute-Resolution Selection
8. Plan Review and Order Transfer
9. Court-Form Transfer Checklist
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. This plan is: ☐ Agreed ☐ Proposed by [PARENT] ☐ Temporary ☐ Final ☐ A proposed modification of the order dated [__/__/____].
C. The Parties desire to resolve parental rights, responsibilities, and parent-child contact in accordance with Vermont law, including 15 V.S.A. § 665, and to promote the best interests of the Child.

The completed terms are submitted for court review and transfer to current Vermont Judiciary Form 400-00825. They do not alter an existing order unless and until the Court enters an order.

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 schedule under which one parent exercises Parent-Child Contact 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 assigned to the case identified in the current official form.

“Legal Responsibility” – The rights and responsibilities to determine and control matters affecting the Child's welfare and upbringing other than routine daily care, under 15 V.S.A. § 664(1)(A).

“Parent-Child Contact” – The right of a parent who does not have Physical Responsibility to have visitation with the Child, under 15 V.S.A. § 664(2).

“Physical Responsibility” – The rights and responsibilities to provide routine daily care and control of the Child, subject to the other parent's right to contact, under 15 V.S.A. § 664(1)(B).

“Proposed Move” – A planned residence change for which the parents complete Section 3.7 and review the current order and modification rules.

3. OPERATIVE PROVISIONS

3.1 Allocation of Parental Rights & Responsibilities

Choose one legal-responsibility structure and complete every decision category:

☐ Shared by both parents; the dispute procedure in Section 7 is completed.

☐ Primary legal responsibility held by [PARENT], with consultation terms: [________________________________]

☐ Divided as follows:

Physical Responsibility is: ☐ Shared ☐ Primary with [PARENT]. The overnight and transition schedule appears in Section 3.3.

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 Child's relationship with each parent and each parent's ability and disposition to provide love, affection, and guidance.
2. Each parent's ability and disposition to assure adequate food, clothing, medical care, other material needs, and a safe environment.
3. Each parent's ability and disposition to meet the Child's present and future developmental needs.
4. The Child's adjustment to present housing, school, and community and the potential effect of change.
5. Each parent's ability and disposition to foster a positive relationship and frequent and continuing contact with the other parent, except where contact will harm the Child or a parent.
6. The Child's relationship with the primary care provider, if appropriate given age and development.
7. The Child's relationship with any other person who may significantly affect the Child.
8. The parents' ability and disposition to communicate, cooperate, and make joint decisions where rights and responsibilities are shared or divided.
9. Evidence of abuse and its impact on the Child and the relationship with the abusing parent.

3.3 Parent-Child Contact Schedule

a. Weekday Parent-Child Contact: [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 Contact: [NUMBER] consecutive weeks, with notice by [DATE] each year.
e. Temporary changes and missed contact will be addressed as follows: [________________________________].

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

Telephone, video, and written contact during the other parent's care will occur at reasonable times or as follows: [________________________________].

3.6 Decision-Making Protocol

a. Routine Decisions: Made by the parent exercising Physical Responsibility at the time.
b. Major Decisions: Follow the allocation and consultation terms in Section 3.1. Emergency decisions and notice to the other parent: [________________________________].
c. Unresolved shared or divided decisions follow Section 7.

3.7 Proposed Move

a. Trigger selected by the parents: a move that ☐ affects school enrollment ☐ increases the distance between homes by more than [____] miles ☐ other: [________________________________].
b. The moving parent will provide reasonable advance written notice containing: [________________________________].
c. The parents will address transportation, schedule, school, communication, and cost effects in writing.
d. If a proposed change would alter an existing order, the parents will use the current stipulated or contested modification procedure. A contested motion remains subject to 15 V.S.A. § 668(a), including its change-of-circumstances and best-interests requirements.

3.8 Child Support

This parenting-plan companion does not calculate support. Complete the current Child Support Order, calculator worksheet, and financial affidavits required for the case. Identify any existing or proposed support order: [________________________________].

3.9 Court Review

The parents ask that completed, voluntary terms be incorporated into an order. Under 15 V.S.A. § 666(c), the Court must refuse an agreement it finds involuntary or not in the Child's best interests.

4. REQUIRED PARENTING-PLAN SUBJECTS

Section 666(b) requires a complete agreement to address each subject below. Cross-reference the completed provision or state why a subject is not applicable.

Other current orders or proceedings involving the parents or Child, including relief-from-abuse, juvenile, parentage, support, or out-of-state custody matters: [________________________________].

Safety conditions, record-access limits, or confidentiality needs to present to the Court: [________________________________].

5. SAFETY, INFORMATION, AND COMMUNICATION

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 Schedule. Each parent will follow the entered order and use this process for temporary changes: [________________________________].

5.3 Safety and Substance Use. Agreed child-safety conditions, if supported and appropriate for court review: [________________________________].

5.4 Information. The parents will communicate emergencies and substantial changes affecting the Child as close in time to the event as reasonably possible, using: [________________________________].

5.5 Travel. Passport custody, itinerary sharing, consent, transportation, and notice terms: [________________________________].

6. ORDER, MODIFICATION, AND ENFORCEMENT CONTROL

6.1 Current Order. Date and controlling terms of any existing order: [________________________________].

6.2 Temporary Adjustments. A temporary practical change does not amend the entered order unless the Court enters a new order. Record temporary-change terms and duration: [________________________________].

6.3 Modification. A contested request to change an order must be evaluated under 15 V.S.A. § 668 and the current Judiciary motion, affidavit, filing, service, and hearing instructions. Proposed stipulated change: [________________________________].

6.4 Enforcement. Do not create private cure periods, automatic contempt, fees, or sanctions in this plan. Identify the exact order term, facts, current motion or other procedure, service route, and requested court relief: [________________________________].

7. DISPUTE-RESOLUTION SELECTION

Complete this section whenever parental rights and responsibilities are shared or divided.

☐ The parents will first communicate directly using: [________________________________].

☐ The parents will attempt mediation before a court filing, except for an agreed safety or emergency exception: [________________________________].

☐ The parents select binding arbitration under 15 V.S.A. § 666(b)(7). Define the issues, arbitrator, procedure, allocation of cost, emergency exception, written decision, and relationship to court approval: [________________________________].

☐ Other agreed process: [________________________________].

8. PLAN REVIEW AND ORDER TRANSFER

8.1 Current Form. Transfer the completed plan to Vermont Judiciary Form 400-00825, confirm its revision date, and preserve the court's caption and party designations.

8.2 Completeness. Confirm every subject in 15 V.S.A. § 666(b) and every applicable field in the current form is completed.

8.3 Existing Orders. Reconcile this plan with every current Vermont, out-of-state, relief-from-abuse, juvenile, parentage, and support order.

8.4 Support Package. Complete the current Child Support Order, calculator worksheet, and required financial affidavits separately.

8.5 Attachments. Attach any calendar longer than two weeks, safety protocol, transportation schedule, communication protocol, or additional parenting terms and number every page.

8.6 Final Review. Delete unused options and commercial-contract language; confirm voluntariness, best interests, signatures, service, filing fee, and any hearing requirement.

9. COURT-FORM TRANSFER CHECKLIST

9.1 ☐ Current Form 400-00825 revision and case type confirmed.

9.2 ☐ Agreed, proposed, temporary, final, or modification status selected once.

9.3 ☐ Relief-from-abuse and other-order disclosures completed.

9.4 ☐ Legal and physical responsibility selections are internally consistent with the schedule.

9.5 ☐ Dispute procedure completed for shared or divided responsibility.

9.6 ☐ Separate support documents, attachments, signatures, service, fee, and hearing steps confirmed.

10. EXECUTION BLOCK

The undersigned agree that the completed provisions may be incorporated into a parental rights and responsibilities order of the Court. Use the current official form's signature fields.

End of Document