Stipulation for Shared Parental Rights and Responsibilities

STIPULATION FOR SHARED PARENTAL RIGHTS AND RESPONSIBILITIES

State of Vermont
Superior Court — Family Division

[________________________________] Unit

Docket No.: [________________________________]

Filed in connection with:
☐ Divorce (V.R.F.P. 4)
☐ Legal Separation
☐ Parentage Action
☐ Standalone PR&R Petition
☐ Civil Union Dissolution

[________________________________], Parent A
[________________________________], Parent B

IMPORTANT NOTE ON VERMONT LAW: Vermont does not use the term "joint custody" in its statutes. Instead, Vermont law uses "parental rights and responsibilities" (PR&R), which the court may order to be "shared or divided" between parents under 15 V.S.A. § 665(a). The court cannot order shared PR&R unless both parents agree; without agreement, the court must award PR&R primarily or solely to one parent. This stipulation reflects the parties' mutual agreement to share both legal and physical responsibility.

PART I — PARTIES AND CHILDREN

1.1 Parents

Parent A:

• Full Name: [________________________________]
• Address: [________________________________], Vermont [____]
• County: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

Parent B:

• Full Name: [________________________________]
• Address: [________________________________], Vermont [____]
• County: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

1.2 Children

1.3 Distance Between Households

The parents reside approximately [____] miles apart. Both residences are located within reasonable proximity to the child(ren)'s school(s) in [________________________________], Vermont.

1.4 Prerequisite Compliance

☐ Both parents have completed Vermont's mandatory COPE (Coping with Separation and Divorce) seminar. (Cost: $79; sliding scale available.)

☐ Both parents have attended the Pro Se Education Program (if self-represented).

☐ The parties have participated in mediation through the Vermont Family Mediation Program or a private mediator, or have reached agreement without mediation.

PART II — SHARED LEGAL RESPONSIBILITY

2.1 Agreement to Share

The parents agree to share legal responsibility equally. Under 15 V.S.A. § 664, legal responsibility means the right and obligation to make major decisions concerning the child(ren)'s welfare.

2.2 Major Decisions Requiring Joint Agreement

The following decisions require good-faith consultation and mutual agreement:

(a) Education: School enrollment, school changes, homeschooling, special education services (IEPs/504 plans), tutoring, and college planning.

(b) Medical care: Selection of primary care physicians, specialists, and dentists; non-emergency medical procedures; vaccinations; medications for ongoing conditions.

(c) Mental health: Initiation or termination of counseling, therapy, or psychiatric treatment; selection of mental health providers.

(d) Religious upbringing: Religious education, ceremonies, and observances.

(e) Extracurricular activities: Enrollment in activities that affect both parents' schedules or require significant financial commitment (exceeding $[____] per season/semester).

(f) Travel: Out-of-state travel exceeding [____] days; all international travel.

(g) Legal matters: Any legal proceeding involving the child(ren); name changes; applications for passports.

2.3 Decision-Making Protocol

(a) The proposing parent shall provide written notice (email or co-parenting app) describing the proposed decision and the reasons.

(b) The other parent shall respond within [____] days with approval, objection, or a request for additional information.

(c) If the parents cannot agree, they shall follow the dispute-resolution process in Part VII.

(d) Neither parent shall make a unilateral major decision except in a medical or safety emergency. The acting parent shall notify the other parent within 24 hours.

2.4 Routine Decisions

Each parent has authority to make routine day-to-day decisions during their parenting time, including meals, bedtimes, homework supervision, discipline, play activities, and routine medical care (e.g., treatment of minor illness, annual check-ups already scheduled).

PART III — SHARED PHYSICAL RESPONSIBILITY

3.1 Agreement to Share

The parents agree to share physical responsibility such that the child(ren) have frequent and continuing contact with both parents, consistent with 15 V.S.A. § 665(b)(5).

3.2 Regular Schedule

(Select or customize one option.)

☐ Option A — Alternating Weeks:

• Parent A: Sunday at [____] through the following Sunday at [____]
• Parent B: The following week on the same schedule
• Midweek contact: The off-duty parent may have dinner with the child(ren) on [________________________________] (day) from [____] to [____]

☐ Option B — 2-2-3 Rotation:

• Monday–Tuesday overnights: Parent [____]
• Wednesday–Thursday overnights: Parent [____]
• Friday–Sunday overnights: Alternating (Parent A on Week 1, Parent B on Week 2)
• Exchange time: [____]

☐ Option C — 5-2-2-5 Rotation:

• Monday–Tuesday overnights: Parent A (every week)
• Wednesday–Thursday overnights: Parent B (every week)
• Friday–Sunday overnights: Alternating

☐ Option D — Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

Approximate annual overnights:

• Parent A: [____] overnights
• Parent B: [____] overnights

3.3 School-Year vs. Summer Schedule

☐ The same schedule applies year-round.

☐ A different schedule applies during summer break:
[________________________________]
[________________________________]

3.4 Holiday Schedule

Holidays supersede the regular weekly schedule.

3.5 Summer Vacation

(a) Each parent shall have [____] weeks of uninterrupted vacation with the child(ren) per summer.

(b) Vacation requests shall be submitted in writing by April 1 each year. If both parents request overlapping dates, Parent [____] has priority in even years and Parent [____] in odd years.

3.6 Exchanges

• Primary exchange location: [________________________________]
• Exchange time: [________________________________]

• Transportation: ☐ Receiving parent picks up ☐ Releasing parent drops off ☐ Shared equally ☐ At school/childcare

• Late arrivals: If a parent will be more than 15 minutes late, that parent shall notify the other. If more than [____] minutes late without contact, the waiting parent may depart with the child(ren).

3.7 Right of First Refusal

When the parent with the child(ren) will be unavailable for more than [____] consecutive hours (excluding school/regular childcare), that parent shall first offer the time to the other parent. The other parent shall respond within [____] hours.

3.8 Child(ren)'s Belongings

(a) Each household shall maintain a basic set of clothing, toiletries, and necessities for the child(ren).

(b) The child(ren)'s personal items (school materials, sports equipment, special belongings) shall travel freely with the child(ren) between households.

(c) Neither parent shall withhold the child(ren)'s belongings as a consequence or bargaining tool.

PART IV — COMMUNICATION

4.1 Between Parents

(a) Method: [________________________________] (e.g., OurFamilyWizard, Talking Parents, email, text)
(b) Response time for non-emergencies: Within [____] hours
(c) Tone: Respectful, business-like, child-focused. Neither parent shall use the child(ren) as messengers.

4.2 Parent-Child Contact

(a) Each parent shall facilitate reasonable phone/video contact between the child(ren) and the other parent during their parenting time, generally at [________________________________] (time) for up to [____] minutes.

(b) Neither parent shall monitor, record, or restrict such contact except for reasonable bedtime and activity limitations.

4.3 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, or household members in the child(ren)'s presence, hearing, or through social media accessible to the child(ren).

4.4 Information Sharing

(a) Both parents shall have equal access to all school, medical, dental, and mental health records. Each parent is independently entitled to communicate with teachers, doctors, and counselors.

(b) Each parent shall promptly share notices, report cards, school calendars, activity schedules, and medical information received.

(c) Each parent shall notify the other within 24 hours of any emergency, hospitalization, significant illness, injury, or incident involving the child(ren).

(d) Each parent shall maintain current contact information (address, phone, email, emergency contacts) and notify the other within 7 days of any change.

4.5 New Household Members

Each parent shall notify the other before any new romantic partner or other adult (other than family members) begins regularly residing in the home. Each parent shall introduce new partners to the child(ren) gradually and only after the relationship is stable.

PART V — BEST-INTERESTS CERTIFICATION

The parents certify that this agreement to share parental rights and responsibilities serves the child(ren)'s best interests under the nine factors of 15 V.S.A. § 665(b):

1. Love, affection, and guidance — Each parent has a strong, loving relationship with the child(ren) and the ability to provide affection and guidance.

2. Material needs and safety — Each parent can provide adequate food, clothing, medical care, and a safe home environment.

3. Developmental needs — Each parent is able and willing to meet the child(ren)'s current and future developmental needs.

4. Stability — This shared arrangement maintains the child(ren)'s current housing, school, and community connections with minimal disruption.

5. Co-parenting — Both parents are able and disposed to foster a positive relationship between the child(ren) and the other parent with frequent and continuing contact.

6. Primary caregiver — [________________________________] (describe if applicable, or note that both parents have been active caregivers).

7. Significant relationships — [________________________________] (note any other important relationships, e.g., grandparents, siblings).

8. Communication and cooperation — Both parents can communicate, cooperate, and make joint decisions effectively, as required for shared PR&R under 15 V.S.A. § 665(b)(8).

9. Domestic violence/abuse — ☐ No history of abuse as defined in 15 V.S.A. § 1101. ☐ History addressed in Part VI below.

PART VI — DOMESTIC VIOLENCE PROVISIONS

☐ Not applicable.

☐ Applicable — Pursuant to 15 V.S.A. § 665a, the following conditions apply:

[________________________________]

PART VII — DISPUTE RESOLUTION

7.1 Step 1 — Direct Communication

Parents shall first attempt to resolve disagreements through direct, respectful discussion within [____] days.

7.2 Step 2 — Mediation

If direct communication is unsuccessful, the parents shall engage in mediation before filing any motion with the court.

☐ Vermont Family Mediation Program (subsidized fees based on income)
☐ Private mediator: [________________________________]

Cost allocation: [________________________________]

7.3 Step 3 — Parent Coordinator (Optional)

☐ The parties agree to engage a parent coordinator to facilitate implementation disputes. The parent coordinator may make recommendations to the court but does not have binding authority.

7.4 Step 4 — Court

If mediation fails, either parent may file a motion with the Vermont Superior Court, Family Division, [________________________________] Unit.

7.5 Emergency Exception

Nothing in this section limits either parent's right to seek emergency relief from the court to protect the child(ren)'s safety or welfare.

PART VIII — RELOCATION

(a) Either parent intending to change residence shall provide the other parent with at least 60 days' written notice before the move.

(b) The notice shall include: proposed new address, reason for the move, proposed effective date, and proposed modified schedule.

(c) Because this is a shared PR&R arrangement, relocation by either parent that would materially affect the shared schedule is subject to the 15 V.S.A. § 665(b) best-interest factors. If the parents cannot agree, either may petition the court.

(d) Neither parent shall relocate the child(ren) outside Vermont without written consent of the other parent or court approval.

(e) The existing schedule remains in effect until the court enters a new order.

PART IX — CHILD SUPPORT

(a) Child support shall be calculated under the Vermont Child Support Guidelines (15 V.S.A. § 659) based on both parents' gross incomes and the shared physical responsibility schedule.

(b) ☐ Parent [____] shall pay $[________________________________] per month to Parent [____].
☐ The parties will file a separate child support stipulation.
☐ Given substantially equal overnights and comparable incomes, the parties agree to offset child support as follows: [________________________________]

(c) Either parent may seek modification of child support based on changed circumstances per 15 V.S.A. § 660.

PART X — ADDITIONAL PROVISIONS

10.1 Substance Use

Neither parent shall consume alcohol to impairment or use illegal substances during parenting time or within 12 hours preceding parenting time.

10.2 Firearms Safety

All firearms in either household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), consistent with responsible storage practices.

10.3 Attendance at Events

Both parents are welcome to attend the child(ren)'s school events, performances, sporting events, and other activities. Parents shall conduct themselves respectfully toward each other at all events.

10.4 Child's Preference

As the child(ren) mature, the parents recognize that the child(ren)'s reasonable preferences may be considered by the court under 15 V.S.A. § 665(b) if the court deems the child of sufficient age to express a preference. The parents shall respect the child(ren)'s developing autonomy while maintaining the structure of this agreement.

PART XI — MODIFICATION

(a) This Stipulation may be modified by written agreement of both parents, filed with the court on Vermont Judiciary Form 400-00825 ($35 filing fee for stipulated modifications).

(b) Contested modifications require a showing of real, substantial, and unanticipated change of circumstances under 15 V.S.A. § 668 ($120 filing fee).

(c) The parents agree to review this arrangement annually and discuss whether adjustments are needed.

PART XII — GENERAL PROVISIONS

(a) Governing law. This Stipulation is governed by 15 V.S.A. Chapter 11, Subchapter 3A.

(b) Jurisdiction. The Vermont Superior Court, Family Division, [________________________________] Unit retains exclusive continuing jurisdiction under the UCCJEA (15B V.S.A. §§ 101–401).

(c) Severability. If any provision is unenforceable, the remainder continues in full force.

(d) Integration. This Stipulation constitutes the complete agreement regarding shared parental rights and responsibilities.

(e) Counterparts. This Stipulation may be executed in counterparts.

SIGNATURES

We, the undersigned, voluntarily agree to share parental rights and responsibilities as set forth in this Stipulation and request that the Court approve and incorporate it into a court order.

Parent A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Parent B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Attorney for Parent A (if applicable):

Signature: [________________________________]
Printed Name: [________________________________]
Vermont Bar No.: [________________________________]

Attorney for Parent B (if applicable):

Signature: [________________________________]
Printed Name: [________________________________]
Vermont Bar No.: [________________________________]

ORDER OF THE COURT

The Court has reviewed this Stipulation for Shared Parental Rights and Responsibilities and, finding that both parents have agreed to share PR&R as permitted under 15 V.S.A. § 665(a), and that this arrangement serves the best interests of the child(ren) under 15 V.S.A. § 665(b), hereby:

☐ APPROVES this Stipulation and incorporates it as a court order.

☐ APPROVES WITH MODIFICATIONS: [________________________________]

☐ ORDERS a hearing on [__/__/____] at [____].

IT IS SO ORDERED.

Date: [__/__/____]

[________________________________]
Judge, Vermont Superior Court — Family Division
[________________________________] Unit

Sources and References

• 15 V.S.A. § 664 — Definitions (legal responsibility, physical responsibility)
• 15 V.S.A. § 665 — Rights and responsibilities order; best interests of the child
• 15 V.S.A. § 665(a) — Court may order PR&R shared or divided only with parental agreement
• 15 V.S.A. § 665a — Conditions of parent-child contact (domestic violence)
• 15 V.S.A. § 668 — Modification of order
• 15 V.S.A. § 659 — Child support guidelines
• 15 V.S.A. § 594 — Guardian ad litem
• 15 V.S.A. §§ 1101–1115 — Abuse Prevention Act
• 15B V.S.A. §§ 101–401 — UCCJEA
• Vermont Judiciary Form 400-00825 — Agreement on Parental Rights and Responsibilities
• Vermont Judiciary — Family Division: https://www.vermontjudiciary.org/family
• Vermont COPE Program: https://www.uvm.edu/extension/families