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.

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