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40 Vermont opinions name it 1 courts 2001–2026 19 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In re S.B.green2 sentences2025This Court has long held that a termination proceeding is not a process of “weighing which parent or guardian will be best able to serve the needs of the child,” In re S.B., 174 Vt. 427, 428 (2002) (mem.), and parents’ rights cannot be terminated solely because a child may be better off somewhere else. 2024As we explained in In re S.B., 174 Vt. 427, 428 (2002) (mem.), a termination proceeding “is not a custody case” in which the family court must balance the respective advantages of different placement options, but rather “a legislatively created . . . proceeding in which the court is required to weigh specified statutory factors when determining whether to grant a petition for termination of residual parental rights.” The family court duly weighed the best-interests factors here and determined by clear and convincing evidence the balance of factors compelled termination of mother’s parental rig | 4 | 4 |
In re J.B.green2 sentences2013The most important factor in the court’s best-interests analysis “is the likelihood that the parent will be able to resume parental duties within a reasonable time.” In re J.B., 167 Vt. at 639 . 2012The most important factor in the court’s best-interests analysis “is the likelihood that the parent will be able to resume parental duties within a reasonable time.” In re J.B., 167 Vt. at 639 . | 3 | 6 |
In re N.L., Juvenilegreen2 sentences2026We have likewise recognized that “the level of assistance provided to parents” is relevant to determining whether a parent is likely to be able to resume parental duties within a reasonable time, see 33 V.S.A. § 5114(a)(3), although “the extent of DCF’s efforts to achieve the permanency plan is not one of the best-interests factors to be considered at termination.” In re N.L., 2019 VT 10, ¶ 27 (quotation and brackets omitted). 2024See In re N.L., 2019 VT 10, ¶ 9 (explaining that assessment of likelihood parent can resume parental duties in reasonable period is both “forward-looking” and measured “from the perspective of the child’s needs”). | 2 | 2 |
Myott v. Myottgreen2 sentences2025“The trial court has broad discretion in a custody matter, and we must affirm unless the discretion is erroneously exercised, or was exercised upon unfounded considerations or to an extent clearly unreasonable in light of the evidence.” Myott v. Myott, 149 Vt. 573, 578 (1988) (quotation omitted). 2024“The trial court has broad discretion in a custody matter, and we must affirm unless the discretion is erroneously exercised, or was exercised upon unfounded considerations or to an extent clearly unreasonable in light of the evidence.” Myott v. Myott, 149 Vt. 573, 578 (1988) (quotation omitted). | 2 | 2 |
In Re EBgreen2 sentences2015See In re E.B., 158 Vt. at 12-13 , 603 A.2d at 376 . 2015See In re E.B., 158 Vt. at 12-13 , 603 A.2d at 376 . | 2 | 2 |
In re E.B.green2 sentences2015See In re E.B., 158 Vt. at 12-13 , 603 A.2d at 376 . 2015See In re E.B., 158 Vt. at 12-13 , 603 A.2d at 376 . | 2 | 2 |
In re D.S., In re M.H.green2 sentences2023In re D.S., 2014 VT 38, ¶ 22 , 196 Vt. 325 . 2023In re D.S., 2014 VT 38, ¶ 22 , 196 Vt. 325 . | 1 | 3 |
Nickerson v. Nickersongreen2 sentences2010The court concluded that Janet has a good relationship with her daughter by viewing the evidence "from the perspective of the time preceding [Lisa]'s initial termination of parent-child contact." While we have held that the best-interests inquiry should focus on all relevant periods of a child's life and not exclusively on the period immediately preceding trial, Nickerson v. Nickerson, 158 Vt. 85, 90 , 605 A.2d 1331, 1334 (1992) ("A contrary holding may cause a primary-care-provider wishing to leave the home to uproot children from the marital residence solely to remain, in the view of the cou 2010The court concluded that Janet has a good relationship with her daughter by viewing the evidence "from the perspective of the time preceding [Lisa]'s initial termination of parent-child contact." While we have held that the best-interests inquiry should focus on all relevant periods of a child's life and not exclusively on the period immediately preceding trial, Nickerson v. Nickerson, 158 Vt. 85, 90 , 605 A.2d 1331, 1334 (1992) ("A contrary holding may cause a primary-care-provider wishing to leave the home to uproot children from the marital residence solely to remain, in the view of the cou | 1 | 2 |
In re M.O., Juvenilegreen2 sentences2025See In re M.O., 2015 VT 120, ¶ 16 , 200 Vt. 384 (declining to address argument that DCF failed to accommodate parent’s disability where it was not raised in family court proceedings). 2 In any event, the record here supports the court’s analysis of the best-interests factors and particularly that mother’s lack of progress was due to factors within her control. 2025See In re M.O., 2015 VT 120, ¶ 16 , 200 Vt. 384 (declining to address argument that DCF failed to accommodate parent’s disability where it was not raised in family court proceedings). 2 In any event, the record here supports the court’s analysis of the best-interests factors and particularly that mother’s lack of progress was due to factors within her control. | 1 | 1 |
In Re G.L., Juvenilegreen1 sentence2024See In re G.L., 2024 VT 60, ¶ 52 . | 1 | 1 |
In re D.M.green1 sentence2024See In re S.B., 174 Vt. 427, 430 (2002) (mem.) (“[W]e have repeatedly stated ‘that a valid termination of parental rights does not depend on the availability of permanent foster care or adoption.’ ” (quoting In re D.M., 162 Vt. 33, 40 (1994)). 4 20 (denying father’s challenge to trial court’s reasonable-efforts finding because father did not object when given chance by court below) Mother raises additional arguments regarding the court’s findings underpinning its best- interests analysis, particularly that she would not be able to resume parenting within a reasonable time. | 1 | 1 |
In Re BMgreen1 sentence2023In re B.M., 165 Vt. 331, 336 , 682 A.2d 477, 480 (1996). | 1 | 1 |
Andrew Alex Bratton v. Laura Holland (Bratton)green2 sentences2022Batton v. Holland, 2018 VT 54, ¶¶ 1, 26 , 207 Vt. 517 , 192 A.3d 1257 (reversing and remanding best-interests analysis where Supreme Court affirmed family division’s 11 changed-circumstances analysis); Maurer v. Maurer, 2005 VT 26, ¶ 16 , 178 Vt. 489 , 872 A.2d 326 (mem.) (same).3 Given our conclusion, we need not address mother’s argument that because more best-interests factors favored her, the court should have modified legal custody. 2022Batton v. Holland, 2018 VT 54, ¶¶ 1, 26 , 207 Vt. 517 , 192 A.3d 1257 (reversing and remanding best-interests analysis where Supreme Court affirmed family division’s 11 changed-circumstances analysis); Maurer v. Maurer, 2005 VT 26, ¶ 16 , 178 Vt. 489 , 872 A.2d 326 (mem.) (same).3 Given our conclusion, we need not address mother’s argument that because more best-interests factors favored her, the court should have modified legal custody. | 1 | 1 |
Sochin v. Sochingreen2 sentences2022We have explained that, assuming the court first finds changed circumstances sufficient to reach the best-interests factors, a modification “court must reassess the divorce order’s allocation of parental rights and responsibilities in light of “all relevant periods of the child’s life.” Sochin v. Sochin, 2005 VT 36, ¶ 10 , 178 Vt. 535, 537 , 872 A.2d 373, 377 (quotation omitted)). 2022We have explained that, assuming the court first finds changed circumstances sufficient to reach the best-interests factors, a modification “court must reassess the divorce order’s allocation of parental rights and responsibilities in light of “all relevant periods of the child’s life.” Sochin v. Sochin, 2005 VT 36, ¶ 10 , 178 Vt. 535, 537 , 872 A.2d 373, 377 (quotation omitted)). | 1 | 1 |
In re D.D.green2 sentences2016See In re D.D., 2013 VT 79, ¶ 34 , 194 Vt. 508 (explaining that in juvenile cases unsupported findings do not require reversal if remainder of findings support decision). 2016See In re D.D., 2013 VT 79, ¶ 34 , 194 Vt. 508 (explaining that in juvenile cases unsupported findings do not require reversal if remainder of findings support decision). | 1 | 1 |
In Re JTgreen2 sentences2012See In re J.T., 166 Vt. at 180 , 693 A.2d at 287 (explaining that extent of efforts to assist parents is not a best-interests factor). 2012See In re J.T. , 166 Vt. at 180 , 693 A.2d at 287 (explaining that extent of efforts to assist parents is not a best-interests factor). | 1 | 1 |
In re A.F.green1 sentence2012See In re A.F., 160 Vt. 175, 178 (1993) (noting that “[w]e leave it to the sound discretion of the family court to determine the credibility of the witnesses and to weight the evidence”). | 1 | 1 |
In re J.T.green2 sentences2012See In re J.T., 166 Vt. at 180 , 693 A.2d at 287 (explaining that extent of efforts to assist parents is not a best-interests factor). 2012See In re J.T. , 166 Vt. at 180 , 693 A.2d at 287 (explaining that extent of efforts to assist parents is not a best-interests factor). | 1 | 1 |
In re M.B.green1 sentence2012In re M.B., 162 Vt. 229, 238 (1994). | 1 | 1 |
| Horutz v. Horutzgreen | 1 | 1 |
| Garner v. Garnergreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re C. P.
green
2 sentences2024In re C.P., 2012 VT 100, ¶ 38 , 193 Vt. 29 (explaining that “extent of DCF’s efforts to achieve the permanency plan is not one of the best-interests factors to be considered at termination”). 2024In re C.P., 2012 VT 100, ¶ 38 , 193 Vt. 29 (explaining that “extent of DCF’s efforts to achieve the permanency plan is not one of the best-interests factors to be considered at termination”). | 4 | 2013–2024 |
Maurer v. Maurer
green
2 sentences2022Batton v. Holland, 2018 VT 54, ¶¶ 1, 26 , 207 Vt. 517 , 192 A.3d 1257 (reversing and remanding best-interests analysis where Supreme Court affirmed family division’s 11 changed-circumstances analysis); Maurer v. Maurer, 2005 VT 26, ¶ 16 , 178 Vt. 489 , 872 A.2d 326 (mem.) (same).3 Given our conclusion, we need not address mother’s argument that because more best-interests factors favored her, the court should have modified legal custody. 2008This best-interests analysis requires the family court to “consider the statutory factors set forth in 15 V.S.A. § 665(b).” Maurer, 2005 VT 26, ¶ 10 . | 3 | 2008–2022 |
In re B.M.
green
2 sentences2023In re B.M., 165 Vt. 331, 336 , 682 A.2d 477, 480 (1996). 2012The focus of the termination hearing is on “the future of the parent-child relationship,” id. at 337-38 , but a child’s need for a stable home is certainly relevant to the best-interests analysis. | 2 | 2012–2023 |
In re D.F., H.F., M.F. and D.F., Juveniles
green
1 sentence2026Thus, “the same evidence may be relevant to both the reasonable-efforts determination and the termination decision,” though these two inquiries “present distinct issues.” In re D.F., 2018 VT 132, ¶ 49 . | 1 | 2026–2026 |
MacCormack v. MacCormack
green
1 sentence2024The family court has discretion in evaluating the best-interests factors and is not required to specifically evaluate each statutory factor as long as “the findings as a whole reflect that the trial court has taken the statutory factors into consideration, in so far as they are relevant.” MacCormack v. MacCormack, 2015 VT 64, ¶ 5 , 199 Vt. 233 (quotation omitted). | 1 | 2024–2024 |
MacCormack v. MacCormack
green
1 sentence2024The family court has discretion in evaluating the best-interests factors and is not required to specifically evaluate each statutory factor as long as “the findings as a whole reflect that the trial court has taken the statutory factors into consideration, in so far as they are relevant.” MacCormack v. MacCormack, 2015 VT 64, ¶ 5 , 199 Vt. 233 (quotation omitted). | 1 | 2024–2024 |
In re D.C., Juvenile
green
2 sentences2019Father himself acknowledged that, given his history, it was entirely reasonable for any visitation to be conditioned upon him participating a substance-abuse assessment. 12 of assistance provided to parents is relevant to determining whether a parent is unlikely to be able to resume parental duties within a reasonable period of time,” we have noted that “[t]he extent of DCF’s efforts to achieve the permanency plan is not one of the best-interests factors to be considered at termination.” In re D.C., 2012 VT 108, ¶¶ 32-33 , 193 Vt. 101 , 71 A.3d 1191 (noting that mother was content to play mini 2019Father himself acknowledged that, given his history, it was entirely reasonable for any visitation to be conditioned upon him participating a substance-abuse assessment. 12 of assistance provided to parents is relevant to determining whether a parent is unlikely to be able to resume parental duties within a reasonable period of time,” we have noted that “[t]he extent of DCF’s efforts to achieve the permanency plan is not one of the best-interests factors to be considered at termination.” In re D.C., 2012 VT 108, ¶¶ 32-33 , 193 Vt. 101 , 71 A.3d 1191 (noting that mother was content to play mini | 1 | 2019–2019 |
Harris v. Harris
green
2 sentences2018In the case of Harris v.Harris , 162 Vt. 174 , 647 A.2d 309 (1994), for instance, the mother argued that the trial court had erroneously awarded the father custody based on the paternal grandmother's role caring for the child, and that the court had essentially chosen the paternal grandmother over the mother as the custodial parent. 2018In the case of Harris v.Harris , 162 Vt. 174 , 647 A.2d 309 (1994), for instance, the mother argued that the trial court had erroneously awarded the father custody based on the paternal grandmother's role caring for the child, and that the court had essentially chosen the paternal grandmother over the mother as the custodial parent. | 1 | 2018–2018 |
Thompson v. Pafundi
green
2 sentences2015The trial court has “broad latitude in determining a child’s best interests.” Thompson v. Pafundi, 2010 VT 80, ¶ 11 , 188 Vt. 605 . 2015The trial court has “broad latitude in determining a child’s best interests.” Thompson v. Pafundi, 2010 VT 80, ¶ 11 , 188 Vt. 605 . | 1 | 2015–2015 |
In re S.W.
green
1 sentence2013“On appeal, we will affirm the trial court’s findings in support of changed circumstances unless they are clearly erroneous, and we will affirm its conclusion if supported by the findings.” In re S.W., 2003 VT 90, ¶ 4 . 2 On appeal, parents argue that the court lacked evidence regarding the quality of the parent-child bonds and the constructiveness of the parents’ roles in the children’s lives as relevant to the best-interests analysis. | 1 | 2013–2013 |
Paquette v. Paquette
green
2 sentences2004Section 665 contains the “best-interest-of-the-child standard.” The best-interests standard “has been the primary consideration in determining issues of custody for over sixty years,” Paquette, 146 Vt. at 90 , 499 A.2d at 28 , well before the Legislature enacted the PPA in 1984. 2004Section 665 contains the “best-interest-of-the-child standard.” The best-interests standard “has been the primary consideration in determining issues of custody for over sixty years,” Paquette, 146 Vt. at 90 , 499 A.2d at 28 , well before the Legislature enacted the PPA in 1984. | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.