VT Bar Family Law Flashcards

A Vermont parent seeking to relocate out of state with a minor child who is subject to a parenting plan must generally do which of the following?

Answer: Give 30-day written notice to the other parent and seek court approval if the other parent objects

Vermont law requires a relocating parent to provide advance written notice to the other parent; if the non-relocating parent objects, court approval is required.

Under Vermont law, which of the following is classified as marital property subject to division upon divorce?

Answer: Property acquired by either spouse during the marriage

Vermont's equitable distribution statute treats property acquired during the marriage as marital property subject to division, while premarital property and gifts/inheritances may be excluded.

Vermont's grandparent visitation statute allows a court to grant visitation rights to grandparents when which condition is satisfied?

Answer: When visitation is in the best interests of the child and a significant relationship exists

Vermont courts may grant grandparent visitation (15 V.S.A. § 1011) when it is in the best interests of the child and a significant pre-existing relationship between the grandparent and child exists.

Under the Full Faith and Credit Clause, Vermont must recognize child support orders issued by other states under which federal law?

Answer: Uniform Interstate Family Support Act (UIFSA)

UIFSA, adopted in Vermont (15B V.S.A.), requires Vermont to give full faith and credit to child support orders issued by other states and governs interstate enforcement.

Vermont courts use which standard to modify an existing child custody order?

Answer: A material change in circumstances must be shown before the court will reconsider custody

To modify a Vermont custody order, the moving party must first demonstrate a material change in circumstances since the prior order before the court will apply the best interests standard.

Under Vermont law, legal separation (divorce from bed and board) differs from absolute divorce in which key way?

Answer: Legal separation divides property but does not end the marriage

Vermont legal separation (divorce from bed and board) allows the court to address property, support, and parenting while leaving the marriage legally intact — the parties remain married.