Can I Move Out of Vermont with My Child if I Have Primary Custody?
May 16, 2022

Oftentimes, families relocate to improve their quality of life. If your family is split following a separation, however, the family “left behind” may not feel quite so positive about the change. So, can you actually move out of the state if your co-parent remains in Vermont?

 

If you have primary custody of your child in Vermont, you are typically free to relocate without court approval, so long as your move does not significantly impact the other parent’s child contact time. Most moves within the state fall into this category, though there has been recent case law that suggests such a move may not be approved if the child has special needs. To this effect, it is important to keep the child’s best interests at heart.

 

Special circumstances aside, if your move would impact the noncustodial parent’s ability to see their child, or if the move would affect a custody arrangement previously approved by the court, you may request to have the arrangement modified. To do this successfully, you would need to show that the move is a substantial and unanticipated change, and that your proposed modification to the custody arrangement would better serve the child.

 

How Do Courts Decide on Modification Requests?

 

To determine whether to approve your proposed modification, the courts will weigh several factors. These factors are found in the Vermont statute governing child custody, and include items such as:


  • The relationship of the child with each parent, and the ability of each to provide love and guidance to the child;
  • The impact the change would have on the child;
  • The ability of each parent to encourage a relationship between the child and the other parent, including fostering frequent contact; and
  • The ability of the parents to communicate, and make joint decisions concerning the child.

 

This is not an exhaustive list of factors the courts will consider, but are the ones most likely to be impacted by a move.

Considerations in Vermont Custody Modifications

 

The first factor is important in establishing that your move is, overall, being made with your child’s best interests in mind. The court may also want to hear from older children to determine the quality of their relationships with each parent.

 

The second factor means that you must show how you are mitigating the difficulties with

adjusting following a move. For children, moving means leaving behind their schools and teams, their friends, and possibly other family members.

 

The third factor may be the most affected by a long-distance move. How can you ensure that your child will have regular contact with the other parent? Keep in mind that you are required to bring your child to all instances of court ordered parent-child contact, and not doing so can be a crime.

 

The final factor listed is equally as important. While you may have primary custody of your child, you are still required to keep your co-parent apprised of your child’s well-being, and to communicate with them for a variety of reasons. If you have a total breakdown in communication, how can you ensure this factor is met? Distance may only make communication more difficult.

 

Contact Deppman Law PLC Today

 

Every family, every child, and every case is different. It is best to consult with an attorney experienced in Vermont family law before making any changes that could impact your custody arrangement, and the lives of your children. Contact Deppman Law PLC today at 802-388-6337 for a confidential consultation about your case.

Planning for Your Digital Assets as Part of Your Vermont Estate Plan

September 15, 2026
When you think about estate planning, you may picture your home, retirement savings, or possessions you hope to leave to family members. But much of everyday life now exists online. Important financial records may arrive only by email, while decades of family photographs may be stored in a cloud account. Without planning, the people handling your affairs may struggle to locate those records or obtain the authority needed to manage them. Addressing digital assets can help make your estate plan more complete. Start With an Inventory Digital assets can include electronic files and online accounts with financial or sentimental value. Your inventory might identify email accounts, cloud storage, social media profiles, cryptocurrency holdings, and websites or domain names you own. Also identify financial institutions you access online. Although the money in a bank account is distinct from the online account used to manage it, knowing where that account exists can be essential. For a small business owner, the inventory should also address business systems and records. Consider what someone would need to keep operations running if you became unavailable unexpectedly. Decide What You Want Preserved Different accounts may call for different instructions. You might want family photographs saved and shared with your children, while preferring that certain personal accounts be closed. Think about who should receive important files and whether any material should remain private. Avoid assuming that the person handling your estate will know which documents matter or where they are stored. Backing up irreplaceable photographs and other meaningful files can also reduce dependence on a single account or service. Address Legal Authority Knowing a password does not necessarily give someone legal authority to use an account. Vermont’s Revised Uniform Fiduciary Access to Digital Assets Act provides a framework for access by executors and other fiduciaries, but access depends on the circumstances and applicable requirements. Your estate planning documents should address digital assets and your wishes concerning disclosure. The contents of private electronic communications deserve particular attention because access can involve additional consent requirements. An attorney can help coordinate these provisions with the rest of your plan. Review Account Planning Tools Some providers offer online tools that allow users to direct what happens to account information after death. These settings should be reviewed alongside your legal documents. Under Vermont law, a direction made through a qualifying online tool can override conflicting instructions in a will, trust, or power of attorney. Completing estate planning documents without checking those settings may therefore leave inconsistent instructions in place. If no applicable online direction exists, your legal documents can play an important role in expressing whether disclosure should be allowed or prohibited. Keep Access Information Secure Your plan should explain where authorized individuals can find necessary access information without unnecessarily exposing it. Avoid putting passwords directly in your will, which may become part of a court record. A secure password manager or a separately maintained record may be useful, depending on your circumstances. Consider how account recovery works, particularly when verification depends on a phone or another email account. Cryptocurrency requires special care. Losing necessary keys or recovery information can make assets inaccessible, while sharing that information carelessly can expose them to theft. Keep the Plan Current An inventory becomes less useful as accounts change. Review it periodically and after significant changes to your online activities or business. Make sure the appropriate person knows that your instructions exist and where to find them. Contact Deppman Law PLC Planning for digital assets can help preserve meaningful records and give the people handling your affairs clearer guidance. To learn more about incorporating digital assets into your Vermont estate plan, reach out to Deppman Law PLC for more information.

What Happens to a Small Business in a Vermont Divorce?

August 14, 2026
For a small business owner, divorce can raise questions that extend well beyond the family home or joint bank accounts. A business may represent years of work and provide the income that supports both spouses. If they built or operated it together, separating their personal lives may also mean untangling their working relationship. Understanding how a business may be addressed in a Vermont divorce can help owners prepare for difficult decisions while protecting ongoing operations. Is the Business Part of the Property Division? Vermont courts have broad authority to divide property in a divorce. All property owned by either or both spouses may be considered, regardless of when it was acquired or whose name appears on the ownership documents. A business started before the marriage or inherited from a parent is therefore not automatically excluded. However, being subject to division does not mean that a business must be split equally. Vermont follows equitable distribution, which calls for a fair division based on the circumstances. Relevant considerations include the length of the marriage, each spouse’s financial situation, and their contributions to acquiring or preserving property. Nonfinancial contributions, including homemaking, also matter. Determining What the Business Is Worth Before spouses can meaningfully discuss how to address a business, they need a reliable understanding of its value. Annual revenue alone does not answer that question, and a business’s tax return may not tell the whole story. Depending on the company, a valuation may examine its assets and outstanding debts, along with its earnings history and future prospects. The business’s dependence on the owner’s personal involvement may also require careful analysis. A qualified valuation professional can help assess these issues. Even when spouses agree that one person should keep the business, disagreements about its value can make settlement difficult. Establishing a supported value provides a stronger starting point for negotiations. Can One Spouse Keep the Business? One possible resolution is for one spouse to retain the business while the other receives different assets or a negotiated payment. For example, the overall settlement might allocate a larger share of other property to the spouse who is giving up a claim to the business. That arrangement must be financially workable. A business may have substantial value without enough available cash to fund an immediate buyout. Payment terms should account for operating expenses and the company’s ability to continue generating income. Selling the business may be another option. Some former spouses consider continuing as co-owners, although that requires a realistic assessment of whether they can work together and a clear agreement governing future decisions. What If Both Spouses Work There? When both spouses are involved in daily operations, ownership is only part of the discussion. They may also need to address employment responsibilities and compensation while the divorce is pending. Consider practical questions early: Who will communicate with employees? Who can approve significant expenditures? How will financial information be shared? Temporary arrangements can help preserve stability while longer-term issues are resolved. Personal disagreements can otherwise spill into business decisions and affect relationships with customers or staff. Prepare Before Making Changes Gather financial records and any agreements affecting ownership or transfers. If other owners are involved, their rights and the company’s governing documents also need attention. Before changing compensation, transferring ownership, or making unusual withdrawals, speak with an attorney. Decisions made during a divorce can affect both the business and the property settlement. Contact Deppman Law PLC Addressing a business in divorce requires attention to the company’s future as well as each spouse’s financial needs. If you own a business and are considering divorce, or have questions about a jointly operated company, reach out to Deppman Law PLC for more information about your options.