CUSTODY MODIFICATION AGREEMENT

(Vermont)

[// GUIDANCE: This template modifies an existing custody order or agreement due to changed circumstances. Most states require a showing of "material change in circumstances" affecting the child's best interests to modify custody. This agreement should reference and modify the original custody order/agreement while preserving unmodified provisions.]

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 and Parties

This Custody Modification Agreement ("Modification" or "Agreement") is entered into by and between [PARENT A NAME] ("Parent A") and [PARENT B NAME] ("Parent B," and together the "Parents") concerning modification of custody arrangements for the minor child(ren) listed below.

1.2 Identification of Minor Child(ren)

• Name: [CHILD 1 NAME]; DOB: [MM/DD/YYYY]
• Name: [CHILD 2 NAME]; DOB: [MM/DD/YYYY]
(Each individually, a "Child," and collectively, the "Children.")

1.3 Original Custody Order/Agreement

This Modification amends and supplements the custody arrangement established in:
• Original Agreement/Order: [TITLE OF DOCUMENT]
• Date: [DATE]
• Court: [COURT NAME AND CASE NUMBER, if applicable]
• Parties: Parent A and Parent B
(the "Original Agreement")

1.4 Effective Date

This Modification is effective as of [EFFECTIVE DATE] upon execution by both Parents and, if required, approval by the [STATE/COUNTY] Family Court ("Court").

1.5 Recitals

A. The Parents entered into the Original Agreement regarding custody of the Children.
B. Since the Original Agreement, material circumstances have changed as follows: [SPECIFY: e.g., Parent A's job relocation, Child's changed school/healthcare needs, Parent B's changed work schedule, Child's expressed preferences as teenager, improvement in parent's circumstances, deterioration in parent's circumstances, remarriage, new siblings, etc.]
C. The Parents mutually agree that modification of the custody arrangement is in the Children's best interests based on these changed circumstances.
D. This Modification reflects the Parents' desire to adapt the custody arrangement to current circumstances while continuing to prioritize the Children's welfare.

2. DEFINITIONS

2.1 "Agreement" or "Modification" has the meaning set forth in Section 1.
2.2 "Best Interests Standard" means the considerations under Vermont law for determining custody arrangements.
2.3 "Court" has the meaning set forth in Section 1.4.
2.4 "Material Change in Circumstances" means the significant changes described in Section 1.5 that justify this modification.
2.5 "Modified Custody Arrangement" means the custody arrangement as modified by this Agreement.
2.6 "Original Agreement" has the meaning set forth in Section 1.3.

3. OPERATIVE PROVISIONS

3.1 Incorporation of Original Agreement

All provisions of the Original Agreement remain in full force and effect except as expressly modified herein. To the extent any provision of this Modification conflicts with the Original Agreement, this Modification shall control.

3.2 Modifications to Custody

[SELECT AND CUSTOMIZE APPLICABLE MODIFICATIONS:]

3.2.1 Modification of Legal Custody [IF APPLICABLE]

Original Arrangement: [Joint legal custody / Sole legal custody to Parent A/B]

Modified Arrangement: Effective [DATE], legal custody shall be modified as follows:
[SPECIFY: e.g., "Changed to joint legal custody with both parents sharing decision-making" OR "Changed to sole legal custody to Parent A due to Parent B's prolonged unavailability" OR "Remains joint legal custody with modified decision-making protocol"]

[If decision-making allocation is changing, specify new allocation for:]
• Educational decisions
• Medical decisions
• Religious upbringing
• Extracurricular activities

3.2.2 Modification of Physical Custody / Parenting Time [IF APPLICABLE]

Original Arrangement: [Describe original custody schedule]

Modified Arrangement: Effective [DATE], physical custody and parenting time shall be modified as follows:

NEW REGULAR SCHEDULE:
• Parent A Parenting Time: [SPECIFY: e.g., Monday 3pm through Wednesday 8am, alternate weekends Friday 6pm to Sunday 6pm]
• Parent B Parenting Time: [SPECIFY schedule]

[OR if using standard schedule:]
• Primary Physical Custody: [Parent A/Parent B]
• Non-Custodial Parent Visitation: [SPECIFY schedule]

Exchange Location: [SPECIFY if changed]
Transportation: [SPECIFY if changed]

Reason for Modification: This modification is necessary because [EXPLAIN: e.g., Parent A relocated 50 miles for employment; Child began high school and prefers to minimize weekday transitions; Parents' work schedules changed; Child's therapy schedule requires different arrangement; etc.]

3.2.3 Modification of Holiday Schedule [IF APPLICABLE]

The holiday schedule in the Original Agreement is modified as follows:
[SPECIFY: e.g., "Thanksgiving shall now be with Parent A in even years (previously odd years)" OR "Winter break shall be split differently to accommodate new school calendar" OR "No change to holiday schedule"]

3.2.4 Modification of Summer / Vacation Schedule [IF APPLICABLE]

Original Arrangement: [DESCRIBE]

Modified Arrangement:
[SPECIFY: e.g., "Parent B's summer parenting time reduced from 6 weeks to 4 weeks due to Child's summer sports commitments" OR "Parent A's vacation time increased to allow for family relocation adjustment" OR "No change"]

3.2.5 Modification of Primary Residence [IF APPLICABLE]

Original Primary Residence: The Children resided primarily with [Parent A/B] at [ADDRESS].

Modified Primary Residence: Effective [DATE], the Children's primary residence shall be with [Parent A/B] at [NEW ADDRESS].

School Enrollment: The Children shall be enrolled in [SCHOOL DISTRICT / SCHOOL NAME].

Notice to Other Parent: The relocating parent has provided required notice, and both Parents agree this relocation serves the Children's best interests because [SPECIFY REASON].

3.2.6 Modification of Relocation Restrictions [IF APPLICABLE]

Original Restriction: [DESCRIBE geographic restriction]

Modified Restriction: The geographic restriction is modified to [SPECIFY: e.g., "allow Parent A to reside anywhere within the state" OR "expanded to include adjoining counties" OR "removed to allow Parent B to relocate to [STATE] for military assignment"].

3.2.7 Modification of Communication / Virtual Visitation [IF APPLICABLE]

[SPECIFY: e.g., "In light of Parent A's relocation, Parent A shall facilitate daily video calls between Parent B and Children at 7:00 PM" OR "Phone call schedule increased to accommodate reduced in-person time"]

3.2.8 Modification of Right of First Refusal [IF APPLICABLE]

[SPECIFY: e.g., "Right of first refusal threshold changed from 4 hours to 8 hours" OR "Right of first refusal added" OR "Right of first refusal removed"]

3.2.9 Modification of Supervision Requirements [IF APPLICABLE]

Original Arrangement: [e.g., "Parent B's visitation was supervised"]

Modified Arrangement: Based on [Parent B's completion of substance abuse treatment/counseling/parenting classes/demonstrated stability over X months], supervision is no longer required. Parent B shall have [unsupervised visitation per schedule above].

[OR:] Supervision requirements are modified to [SPECIFY: e.g., "reduced frequency" OR "changed supervisor" OR "transitioned to therapeutic supervision"].

3.2.10 Other Modifications

[SPECIFY any other modifications to the Original Agreement, such as:]
• Changed decision-making procedures
• Modified dispute resolution process
• Changed child support arrangements (if integrated)
• Modified transportation responsibilities
• Changed exchange locations or procedures
• Updated contact information requirements
• Modified record access provisions

3.3 Child's Best Interests

The Parents acknowledge and agree that these modifications serve the Children's best interests by [SPECIFY: e.g., "providing stability in Child's high school years," "accommodating Parent A's employment opportunity while maintaining Child's relationship with both parents," "reducing transitions to better suit Child's needs," "reflecting Child's maturity and preferences," etc.].

3.4 Child's Input [IF APPLICABLE FOR OLDER CHILDREN]

[If child is age 12+, consider:] The Child(ren) [have/has] expressed preferences regarding the custody arrangement. The Parents have considered the Child(ren)'s preferences along with all other best-interest factors in reaching this Modification.

3.5 Provisions Remaining Unchanged

Unless expressly modified above, all other provisions of the Original Agreement remain in full force and effect, including but not limited to:
• [List key unchanged provisions, e.g., decision-making protocols, communication requirements, non-disparagement provisions, substance use restrictions, information sharing, etc.]

4. REPRESENTATIONS & WARRANTIES

4.1 Authority and Capacity
Each Parent represents full legal capacity to enter this Modification and compliance with all requirements for modifying the Original Agreement.

4.2 Material Change in Circumstances
The Parents represent that the circumstances described in Section 1.5 constitute a material change in circumstances sufficient to justify this modification under Vermont law.

4.3 Best Interests
Each Parent represents that this Modification serves the Children's best interests and is not entered into for convenience, vindictiveness, or improper motives.

4.4 Voluntary Agreement
Each Parent enters this Modification voluntarily, without coercion, duress, or undue influence.

4.5 Full Disclosure
Each Parent has disclosed all material information relevant to this Modification, including current living situations, employment, relationships, and any circumstances affecting the Children's welfare.

4.6 No Pending Adverse Proceedings
Except as disclosed herein, neither Parent has pending criminal charges, child protective services investigations, or other proceedings that would affect custodial fitness.

4.7 Compliance with Original Agreement
Each Parent represents [substantial compliance / OR describes any violations and resolutions] with the Original Agreement prior to this Modification.

5. COVENANTS & RESTRICTIONS

5.1 Continued Cooperation
Parents shall continue to cooperate in all matters concerning the Children's welfare and shall communicate respectfully and regularly.

5.2 Non-Disparagement
Each Parent shall refrain from negative remarks about the other Parent in the Children's presence.

5.3 Substance Use
Neither Parent shall consume alcohol to impairment or use illegal substances during or within [12] hours prior to parenting time.

5.4 Firearms Safety
All firearms shall be stored unloaded in locked containers with ammunition stored separately, inaccessible to the Children.

5.5 Compliance with Modified Arrangement
Each Parent shall comply fully with the Modified Custody Arrangement and shall not unilaterally deviate without mutual agreement or court order.

5.6 Information Sharing
Both Parents shall continue to have full access to school, medical, and other records concerning the Children.

5.7 Facilitate Relationship
Each Parent shall actively facilitate the Children's relationship with the other Parent and shall not engage in parental alienation.

5.8 Ongoing Communication
Parents shall maintain regular communication about the Children's needs, development, activities, and any concerns.

5.9 Future Modifications
If circumstances change further, Parents agree to communicate promptly and work together to make additional modifications as needed in the Children's best interests.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to comply with the Modified Custody Arrangement;
b. Denial of court-ordered parenting time;
c. Violation of any covenant in Article 5;
d. Material misrepresentation in Section 4;
e. Contempt of Court findings.

6.2 Notice & Cure
The non-defaulting Parent shall provide written notice specifying the default. The defaulting Parent shall have [10] days to cure, unless immediate harm to the Children is threatened.

6.3 Remedies
a. Return to provisions of Original Agreement;
b. Further modification of custody;
c. Make-up parenting time;
d. Contempt proceedings;
e. Mediation or court intervention;
f. Reallocation of attorney's fees and costs;
g. Any other relief available at law or equity.

6.4 Attorneys' Fees
The prevailing Parent in any enforcement proceeding shall be entitled to reasonable attorneys' fees and costs, subject to Court approval.

7. RISK ALLOCATION

7.1 Child-Welfare Priority & Indemnification
Each Parent shall indemnify and hold harmless the other from any loss, liability, or expense (including attorneys' fees) resulting from that Parent's breach of any provision that compromises the Children's health, safety, or welfare.

7.2 Insurance
a. Health Insurance: [SPECIFY PARENT] shall maintain comprehensive health, dental, and vision insurance for the Children. [Specify if this is changed from Original Agreement]
b. Automobile Insurance: Each Parent shall maintain auto insurance when transporting the Children.
c. Unreimbursed Medical Expenses: [SPECIFY allocation, note if changed from Original Agreement]

7.3 Force Majeure
Temporary inability to comply due to circumstances beyond reasonable control shall not constitute default, provided prompt notice is given and compliance resumes promptly.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Modification is governed by Vermont family law.

8.2 Forum Selection
Exclusive jurisdiction lies in the [SPECIFY COURT], Vermont.

8.3 Good-Faith Negotiation
Parents shall first attempt to resolve disputes through direct communication.

8.4 Mediation
If negotiation fails, Parents shall participate in mediation with a qualified family mediator before seeking Court intervention.

8.5 Arbitration (Limited Availability)
Non-custodial financial disputes may be submitted to binding arbitration by mutual written consent. Custody and visitation matters remain within the Court's jurisdiction.

8.6 Injunctive Relief
Either Parent may seek immediate injunctive relief to protect the Children's welfare.

9. GENERAL PROVISIONS

9.1 Amendment
This Modification may be further amended only by written agreement of both Parents and Court approval (if required), or by Court order.

9.2 Assignment
Custodial rights and responsibilities are personal and non-assignable.

9.3 Severability
If any provision is unenforceable, the remaining provisions remain in full force.

9.4 Integration with Original Agreement
This Modification, together with the unmodified provisions of the Original Agreement, constitutes the entire understanding regarding custody.

9.5 Counterparts; Electronic Signatures
This Modification may be executed in counterparts and electronically, each deemed an original.

9.6 Notice
All notices shall be provided to the addresses on file with the Court or as follows:
• Parent A: [ADDRESS, EMAIL, PHONE]
• Parent B: [ADDRESS, EMAIL, PHONE]

9.7 Court Approval
[IF REQUIRED:] This Modification shall be submitted to the Court for approval and shall become effective upon Court approval and entry of an order incorporating these modifications.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Custody Modification Agreement as of the Effective Date.

ACKNOWLEDGMENT

State of Vermont )
County of __________ )

On ________________ before me, _________________________, a Notary Public, personally appeared [PARENT A NAME] and [PARENT B NAME], who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same.

WITNESS my hand and official seal.
_________________________________
Notary Public

[Seal]

COURT APPROVAL [IF REQUIRED]

ORDER

The Court, having reviewed the foregoing Custody Modification Agreement and finding that it serves the best interests of the minor child(ren), hereby APPROVES and ADOPTS this Modification. The Modified Custody Arrangement shall be effective as of [DATE].

IT IS SO ORDERED.

Date: _________________________

_________________________________
Judge, [COURT NAME]

[// GUIDANCE: Attach a copy of the Original Agreement to this Modification for the Court's reference. File with the appropriate family court along with any required motions or stipulations. Provide copies to all relevant parties, schools, and healthcare providers.]