VT Bar VT Bar Family Law 2 — Questions and Answers
Question 1: Under Vermont's parentage law, which of the following may establish legal parentage of a child?
- Biological connection only
- Marriage to the birth parent only
- Biological connection, marriage presumption, acknowledgment of parentage, or court order (Correct answer)
- Only a court order
Correct answer: Biological connection, marriage presumption, acknowledgment of parentage, or court order
Vermont's Parentage Act establishes parentage through multiple means: biological connection, marriage presumption, voluntary acknowledgment of parentage, or a court order.
Question 2: Vermont's Relief from Abuse Act allows which court to issue a temporary relief from abuse (RFA) order?
- Only the Family Court
- Only the Superior Court, Civil Division
- Any Superior Court judge, magistrate, or on-call judge when necessary (Correct answer)
- Only the District Court
Correct answer: Any Superior Court judge, magistrate, or on-call judge when necessary
Vermont's Relief from Abuse statute (15 V.S.A. § 1103) allows Superior Court judges and magistrates to issue temporary RFA orders, and emergency after-hours orders may be issued by on-call judges.
Question 3: In Vermont divorce proceedings, which ground is required — Vermont being a no-fault divorce state?
- Adultery or cruelty
- Irreconcilable differences with a 6-month waiting period
- A 6-month separation with no likelihood of reconciliation (Correct answer)
- Living apart for 1 year
Correct answer: A 6-month separation with no likelihood of reconciliation
Vermont grants no-fault divorce based on a six-month separation with no reasonable likelihood of reconciliation, under 15 V.S.A. § 551(7).
Question 4: Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Vermont has jurisdiction to make an initial custody determination when which condition exists?
- The child is physically present in Vermont
- Vermont is the child's home state (lived there for 6 months before commencement) (Correct answer)
- Either parent lives in Vermont
- Vermont is the most convenient forum
Correct answer: Vermont is the child's home state (lived there for 6 months before commencement)
Under the UCCJEA, Vermont has jurisdiction to make an initial custody order if Vermont is the child's home state — where the child lived for at least 6 consecutive months before the proceeding.
Question 5: Under Vermont law, premarital agreements are governed by which Act?
- Vermont Uniform Premarital Agreement Act (Correct answer)
- Vermont Domestic Relations Act
- Vermont Probate Act
- Vermont Contract Act
Correct answer: Vermont Uniform Premarital Agreement Act
Vermont has adopted the Uniform Premarital Agreement Act (12 V.S.A. §§ 181-188), which governs the formation and enforceability of premarital agreements.
Question 6: Which Vermont statute governs the termination of parental rights in a juvenile proceeding?
- 15 V.S.A. § 665
- 33 V.S.A. § 5113 (Correct answer)
- 15 V.S.A. § 751
- 12 V.S.A. § 5001
Correct answer: 33 V.S.A. § 5113
Termination of parental rights in Vermont is governed by 33 V.S.A. § 5113, which is part of Vermont's Juvenile Proceeding statute.
VT Bar VT Bar Family Law 2
Under Vermont's parentage law, which of the following may establish legal parentage of a child?