Grandparent Visitation Petition - Vermont

PETITION FOR GRANDPARENT VISITATION

(Vermont — 15 V.S.A. §§ 1011–1013)

I. PARTIES

1.1 Plaintiff(s) — Grandparent(s)

Co-Plaintiff (spouse / other grandparent), if applicable:

1.2 Defendant(s) — Custodian / Parent

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Pathway under Chapter 18. Plaintiff proceeds under (check one):

☐ § 1012 — Standalone action. A parent of the child is deceased, physically or mentally incapable of making a decision, or has abandoned the child, and Plaintiff commences this action in the Superior Court, Family Division, in the county in which the custodian of the child resides.

☐ § 1011 — Pending matter. This Court has considered or is considering the custody or visitation of the child, and Plaintiff submits this written request for visitation in that matter. (Note: under § 1011 a grandparent is not afforded party status and may not appeal the visitation decision.)

2.2 Venue (§ 1012). Venue is proper in the [COUNTY] Unit because the custodian of the child resides in this county.

2.3 UCCJEA. This Court has jurisdiction to make a child-custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act, 15 V.S.A. §§ 1061 et seq., because Vermont is the home state of the child:

☐ The child has lived in Vermont with a parent or person acting as a parent for at least six (6) consecutive months immediately before filing; or

☐ Vermont was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in Vermont; or

☐ Other basis: [____________]

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the child.

☐ There are other proceedings — Court: [____________]; Docket No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY CIRCUMSTANCE (§ 1012)

3.1 Plaintiff has standing to commence this action under 15 V.S.A. § 1012 because at least one of the following is true as to a parent of the child (check all that apply):

☐ A parent of the child is deceased.

☐ A parent of the child is physically or mentally incapable of making a decision.

☐ A parent of the child has abandoned the child.

3.2 Supporting facts for the circumstance(s) checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History and nature of the relationship. Plaintiff has a significant relationship with the child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

4.3 Why visitation serves the child's best interests.

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Plaintiff acknowledges that a fit parent has a fundamental constitutional right to make decisions concerning the care, custody, and control of the child, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Best-interests standard — § 1013(a). The Court shall grant the petitioner reasonable visitation or access to the grandchild upon determining that to do so would be in the best interests of the child.

5.3 Manner of trial — § 1012. A standalone action under § 1012 is tried promptly, without a jury, in the same manner as a divorce.

VI. BEST-INTERESTS FACTORS — § 1013(b)

6.1 Plaintiff alleges the following with respect to each statutory factor:

☐ (1) The love, affection, and other emotional ties existing between Plaintiff and the child: [____________]

☐ (2) The capacity and disposition of the parties to give the child love, affection, and guidance: [____________]

☐ (3) The nature of the relationship between Plaintiff and the child and the desirability of maintaining that relationship: [____________]

☐ (4) The moral fitness of the parties: [____________]

☐ (5) The mental and physical health of the parties: [____________]

☐ (6) The reasonable preference of the child, if the Court deems the child of sufficient age to express a preference: [____________]

☐ (7) The willingness and ability of Plaintiff to facilitate and encourage a close and continuing relationship between the child and the other parties: [____________]

☐ (8) Any other factor the Court considers relevant to a just determination regarding visitation or access: [____________]

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation / access. Plaintiff requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Telephone / electronic contact. [____________]

7.4 Transportation / exchange. [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Find that Plaintiff has standing under 15 V.S.A. § 1012 (or, alternatively, that visitation may be considered under § 1011);

B. Find that reasonable grandparent visitation or access is in the best interests of the child under 15 V.S.A. § 1013, weighing the factors in § 1013(b);

C. Enter an order granting Plaintiff reasonable visitation or access under the schedule in Section VII, or as the Court deems just;

D. Retain jurisdiction to modify or enforce the order under 15 V.S.A. § 1014; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF VERMONT )
COUNTY OF [____________] )

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PLAINTIFF NAME], Plaintiff

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public / Court Officer
My Commission Expires: ___________

X. SIGNATURE

Dated at [____________], Vermont, this ___ day of __________, 20___.

_________________________________
[PLAINTIFF NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Vermont Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Plaintiff

XI. NOTICE TO DEFENDANT

TO THE DEFENDANT(S): A Petition for Grandparent Visitation has been filed against you. You are required to file a written answer or response with the Clerk of the Superior Court, Family Division, within the time required by the Vermont Rules for Family Proceedings and the Vermont Rules of Civil Procedure after service of this Petition, and to serve a copy on Plaintiff or Plaintiff's attorney. If you fail to do so, the Court may proceed in your absence. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Defendant by ☐ personal service ☐ certified mail ☐ sheriff / process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PLAINTIFF / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• 15 V.S.A. § 1011 — Jurisdiction: a court considering custody/visitation may award grandparent visitation on written request if in the child's best interests; grandparent is NOT afforded party status and may NOT appeal the visitation decision (subsections (b)–(c)); enforcement (subsection (d)).
• 15 V.S.A. § 1012 — Standalone action where a parent is deceased, physically or mentally incapable, or has abandoned the child; commenced in Superior Court in the custodian's county; tried promptly without a jury, like a divorce; custodian is defendant, parent joined if custodian is not the parent.
• 15 V.S.A. § 1013 — Decision: reasonable visitation/access on a best-interests finding; eight best-interests factors in subsection (b).
• 15 V.S.A. § 1014 — Modification, enforcement, costs; § 1015 — limit on refiling (one year after denial with prejudice absent a real, substantial, unanticipated change); § 1016 — automatic expiration on adoption (except by stepparent/grandparent/relative).
• 15 V.S.A. §§ 1061 et seq. — UCCJEA.
• Troxel v. Granville, 530 U.S. 57 (2000) — a fit parent's decision is entitled to special weight.

This Petition is a preparation aid only. Vermont grandparent visitation under §§ 1011–1013 turns on the child's best interests, weighed against a fit parent's constitutionally protected decision; a standalone § 1012 action requires a deceased, incapable, or abandoning parent. Consult a licensed Vermont family law attorney before filing.