2018 Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 111 - Guardianship
§ 2623 Petition for guardianship of minor; service
§ 2623. Petition for guardianship of minor; service
(a) A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child. The petition shall state:
(1) the names and addresses of the parents, the child, and the proposed guardian;
(2) the proposed guardian's relationship to the child;
(3) the names of all members of the proposed guardian's household and each person's relationship to the proposed guardian and the child;
(4) that the child is alleged to be a child in need of guardianship;
(5) specific reasons with supporting facts why guardianship is sought;
(6) whether the parties agree that the child is in need of guardianship and that the proposed guardian should be appointed as guardian;
(7) the child's current school and grade level;
(8) if the proposed guardian intends to change the child's current school, the name and location of the proposed new school and the estimated date when the child would enroll;
(9) the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period; and
(10) any prior or current court proceedings, child support matters, or parent-child contact orders involving the child.
(b)(1) A petition for guardianship of a child under this section shall be served on all parties and interested persons as provided by Rule 4 of the Vermont Rules of Probate Procedure.
(2)(A) The Probate Division may waive the notice requirements of subdivision (1) of this subsection (b) with respect to a parent if the Court finds that:
(i) the identity of the parent is unknown; or
(ii) the location of the parent is unknown and cannot be determined with reasonable effort.
(B) After a guardianship for a child is created, the Probate Division shall reopen the proceeding at the request of a parent of the child who did not receive notice of the proceeding as required by this subsection. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
