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THE BEST INTERESTS OF THE CHILD
The
best interests of the child must be the court's
paramount consideration in awarding custody.
Begins v Begins, 168 Vt. 298, 301, 721 A.2d 469, 471 (1998). The
court must take into account all relevant evidence,
including the factors found in 15 V.S.A. § 665(b).
Cloutier v Blowers, 172 Vt. 450, 452, 783 A.2d 961, 963
(2001). The section of Vermont custody law is set forth
below:
§
665. Rights and responsibilities order; best interests
of the child
(a) In
an action under this chapter the court shall make an
order concerning parental rights and responsibilities of
any minor child of the parties. The court may order
parental rights and responsibilities to be divided or
shared between the parents on such terms and conditions
as serve the best interests of the child. When the
parents cannot agree to divide or share parental rights
and responsibilities, the court shall award parental
rights and responsibilities primarily or solely to one
parent.
(b) In
making an order under this section, the court shall be
guided by the best interests of the child, and shall
consider at least the following factors:
(1) the
relationship of the child with each parent and the
ability and disposition of each parent to provide the
child with love, affection and guidance;
(2) the
ability and disposition of each parent to assure that
the child receives adequate food, clothing, medical
care, other material needs and a safe environment;
(3) the
ability and disposition of each parent to meet the
child's present and future developmental needs;
(4) the
quality of the child's adjustment to the child's present
housing, school and community and the potential effect
of any change;
(5) the
ability and disposition of each parent to foster a
positive relationship and frequent and continuing
contact with the other parent, including physical
contact, except where contact will result in harm to the
child or to a parent;
(6) the
quality of the child's relationship with the primary
care provider, if appropriate given the child's age and
development;
(7) the
relationship of the child with any other person who may
significantly affect the child;
(8) the
ability and disposition of the parents to communicate,
cooperate with each other and make joint decisions
concerning the children where parental rights and
responsibilities are to be shared or divided; and
(9)
evidence of abuse, as defined in section 1101 of this
title, and the impact of the abuse on the child and on
the relationship between the child and the abusing
parent.
(c) The
court shall not apply a preference for one parent over
the other because of the sex of the child, the sex of a
parent or the financial resources of a parent.
(d) The
court may order a parent who is awarded responsibility
for a certain matter involving a child's welfare to
inform the other parent when a major change in that
matter occurs.
(e) The
jurisdiction granted by this section shall be limited by
the Uniform Child Custody Jurisdiction Act, if another
state has jurisdiction as provided in that act. For the
purposes of interpreting that act and any other
provision of law which refers to a custodial parent,
including but not limited to section 2451 of Title 13,
the parent with physical responsibility shall be
considered the custodial parent. (Added 1985, No. 181
(Adj. Sess.), §§ 3; amended 1993, No. 228 (Adj. Sess.),
§§ 6.)
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