When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a Vermont court will intervene and establish custody arrangements based on the best interests of the child. Divorcesource.com provides a complete summary of divorce and custody laws in the state of Vermont.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

According to Vermont law, joint or sole child custody may be awarded to either parent based on the best interests of the child. When the parents cannot agree to divide or share parental rights and responsibilities, the court will award parental rights and responsibilities either primarily or solely to one parent. In doing so, the court will consider the following factors:

• The relationship the child has with each parent and the ability and disposition of each parent to provide the child with love, affection, and guidance
• The ability of each parent to provide food, clothing, medical care, a safe environment, and other material needs
• The ability of each parent to meet the child's present and future developmental needs
• The child's adjustment to his or her home, school, and community and the potential effect of any change
• The ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent
• The quality of the child's relationship with the primary care provider, given the child's age and development
• The relationship of the child with others who may significantly affect the child
• The ability and disposition of the parents to communicate, cooperate with each other, and make joint decisions concerning the child when parental rights and responsibilities are to be shared or divided
• Evidence of abuse

In Vermont, the court does not prefer one parent over the other based on the sex of the child, the sex of the parent, or the financial resources of the parent. The court may order a parent who is awarded responsibility for a certain matter involving the child's welfare to inform the other parent when a major change in that matter occurs. Vermont courts do everything in their power to lessen the emotional trauma for the child. For a comprehensive review of child custody laws in Vermont, go to lawyers.com.