9 Vermont opinions name it 2 courts 2002–2024 1 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 |
|---|---|---|
Harris v. Harrisgreen2 sentences2002As a consequence, the trial court erred when it balanced the nine factors of § 665 because it did not accord any added weight to the primary care giver inquiry. [4] Although we have stated that it is difficult to determine exactly how much weight this factor ought to be accorded, "the court should ordinarily find that the child should remain with the primary custodian if that parent is fit." Harris, 149 Vt. at 419 , 546 A.2d at 214 . 2002As a consequence, the trial court erred when it balanced the nine factors of § 665 because it did not accord any added weight to the primary care giver inquiry. [4] Although we have stated that it is difficult to determine exactly how much weight this factor ought to be accorded, "the court should ordinarily find that the child should remain with the primary custodian if that parent is fit." Harris, 149 Vt. at 419 , 546 A.2d at 214 . | 2 | 3 |
Rosenfeld v. Rosenfeldgreen2 sentences2015In reviewing a determination of parental rights and responsibilities, we examine whether “the findings as a whole reflect that the trial court has taken the statutory factors into consideration, in so far as they are relevant, in reaching its decision.” Harris v. Harris , 149 Vt. 410, 414 , 546 A.2d 208, 212 (1988) (quoting Rosenfeld v. Rosenfeld , 249 N.W.2d 168, 171-72 (Minn. 1976)). 2015In reviewing a determination of parental rights and responsibilities, we examine whether “ ‘the findings as a whole reflect that the trial court has taken the statutory factors into consideration, in so far as they are relevant, in reaching its decision.’ ” Harris v. Harris, 149 Vt. 410, 414 , 546 A.2d 208, 212 (1988) (quoting Rosenfeld v. Rosenfeld, 249 N.W.2d 168, 171-72 (Minn. 1976)). | 2 | 2 |
Mansfield v. Mansfieldgreen1 sentence2024As we have explained, however, the statute “imposes no specific requirement on how this consideration is to be manifested in the court’s findings and conclusions.” Mansfield v. Mansfield, 167 Vt. 606, 607 (1998) (mem.). | 1 | 1 |
Adamson v. Dodgegreen2 sentences2013In making that finding, “the court must consider all of the relevant factors, including the nine factors specified in the statute.” See 15 V.S.A. § 659(a); Tetreault , 167 Vt. at 405 , 708 A.2d at 578 ; see also Adamson v. Dodge , 174 Vt. 311, 318-20 , 816 A.2d 455, 462-63 (2002) (reversing child support award that departed from guidelines calculation where trial court failed to consider each factor listed in statute). ¶ 18. 2013In making that finding, “the court must consider all of the relevant factors, including the nine factors specified in the statute.” See 15 V.S.A. § 659(a); Tetreault , 167 Vt. at 405 , 708 A.2d at 578 ; see also Adamson v. Dodge , 174 Vt. 311, 318-20 , 816 A.2d 455, 462-63 (2002) (reversing child support award that departed from guidelines calculation where trial court failed to consider each factor listed in statute). ¶ 18. | 1 | 1 |
Cabot v. Cabotgreen2 sentences2011Here, in “a very close decision,” the trial court exercised its discretion in determining that mother’s role as the primary caregiver “slightly outweighs father’s noted advantage in the other factors of cooperation and ability to foster a good relationship.” Cf. Thompson, 2010 VT 80, ¶¶ 12, 16 (affirming custody award in father’s favor where “[o]nly one of the nine factors favored mother: primary caregiver,” and all remaining factors favored father); Cabot v. Cabot, 166 Vt. 485, 491 , 697 A.2d 644, 648-49 (1997) (affirming trial court decision which “recognized and considered [mother’s] attemp 2011Here, in “a very close decision,” the trial court exercised its discretion in determining that mother’s role as the primary caregiver “slightly outweighs father’s noted advantage in the other factors of cooperation and ability to foster a good relationship.” Cf. Thompson, 2010 VT 80, ¶¶ 12, 16 (affirming custody award in father’s favor where “[o]nly one of the nine factors favored mother: primary caregiver,” and all remaining factors favored father); Cabot v. Cabot, 166 Vt. 485, 491 , 697 A.2d 644, 648-49 (1997) (affirming trial court decision which “recognized and considered [mother’s] attemp | 1 | 1 |
Thompson v. Pafundigreen1 sentence2011Here, in “a very close decision,” the trial court exercised its discretion in determining that mother’s role as the primary caregiver “slightly outweighs father’s noted advantage in the other factors of cooperation and ability to foster a good relationship.” Cf. Thompson, 2010 VT 80, ¶¶ 12, 16 (affirming custody award in father’s favor where “[o]nly one of the nine factors favored mother: primary caregiver,” and all remaining factors favored father); Cabot v. Cabot, 166 Vt. 485, 491 , 697 A.2d 644, 648-49 (1997) (affirming trial court decision which “recognized and considered [mother’s] attemp | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tetreault v. Coon
green
2 sentences2015“To make a finding that application of the guidelines would be ‘unfair’ the court must consider all of the relevant factors, including the nine factors specified in the stat ute.” Id. 2013In making that finding, “the court must consider all of the relevant factors, including the nine factors specified in the statute.” See 15 V.S.A. § 659(a); Tetreault , 167 Vt. at 405 , 708 A.2d at 578 ; see also Adamson v. Dodge , 174 Vt. 311, 318-20 , 816 A.2d 455, 462-63 (2002) (reversing child support award that departed from guidelines calculation where trial court failed to consider each factor listed in statute). ¶ 18. | 2 | 2013–2015 |
In Re Appeal of Trahan Nov
green
2 sentences2015As indicated above, we interpret a zoning ordinance using the familiar rules of statutory construction and will “construe words according to their plain and ordinary meaning, giving effect to the whole and every part of the ordinance.” In re Appeal of Trahan, 2008 VT 90, ¶ 19 , 184 Vt. 262 . i. Site Plan Review Standards, § 4.3.4 Applicant asks whether the standards included in § 4.3.4 constitute “matters which must simply be taken ‘into consideration’ when evaluating a site plan application, or regulatory mandates which must each be satisfied in order to receive site plan approval?” Applicant 2015As indicated above, we interpret a zoning ordinance using the familiar rules of statutory construction and will “construe words according to their plain and ordinary meaning, giving effect to the whole and every part of the ordinance.” In re Appeal of Trahan, 2008 VT 90, ¶ 19 , 184 Vt. 262 . i. Site Plan Review Standards, § 4.3.4 Applicant asks whether the standards included in § 4.3.4 constitute “matters which must simply be taken ‘into consideration’ when evaluating a site plan application, or regulatory mandates which must each be satisfied in order to receive site plan approval?” Applicant | 1 | 2015–2015 |
Habecker v. Giard
green
2 sentences2005Habecker v. Giard, 2003 VT 18, ¶ 10 , 175 Vt. 489 , 820 A.2d 215 (mem.). 2005Habecker v. Giard, 2003 VT 18, ¶ 10 , 175 Vt. 489 , 820 A.2d 215 (mem.). | 1 | 2005–2005 |
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.