statutory best interest factors (Vermont) · Go Syfert
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statutory best interest factors in Vermont

9 Vermont opinions name it 1 courts 2011–2026 4 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.

Followed or applied (9)

CaseFollowedCited
In re D.S., In re M.H.green
vt · 2014 · cited in 1 Vermont opinions naming this issue, 2026–2026
2 sentences

2026In re D.S., 2014 VT 38, ¶ 22 , 196 Vt. 325 ; see 33 V.S.A. § 5114(a)(3).

2026In re D.S., 2014 VT 38, ¶ 22 , 196 Vt. 325 ; see 33 V.S.A. § 5114(a)(3).

11
In re J.B.green
vt · 1998 · cited in 1 Vermont opinions naming this issue, 2025–2025
1 sentence

2025In re J.B., 167 Vt. 637, 639 (mem.); 33 V.S.A. § 5114(a)(3).

11
In re J.M.green
vt · 2015 · cited in 1 Vermont opinions naming this issue, 2023–2023
1 sentence

2023See In re J.M., 2015 VT 94, ¶¶ 12-14 , 199 Vt. 627 , 127 A.3d 921 (observing that juvenile court’s primary concern is “to protect the welfare of the child,” therefore, “few, if any, circumstances concerning the welfare of the child should be considered entirely immaterial or, for that matter, entirely controlling,” and emphasizing that “the best interests of the child[] must be considered in accordance with the four criteria set forth” (quotations omitted)).

11
In re J.M., Juvenilegreen
vt · 2015 · cited in 1 Vermont opinions naming this issue, 2023–2023
2 sentences

2023See In re J.M., 2015 VT 94, ¶¶ 12-14 , 199 Vt. 627 , 127 A.3d 921 (observing that juvenile court’s primary concern is “to protect the welfare of the child,” therefore, “few, if any, circumstances concerning the welfare of the child should be considered entirely immaterial or, for that matter, entirely controlling,” and emphasizing that “the best interests of the child[] must be considered in accordance with the four criteria set forth” (quotations omitted)).

2023See In re J.M., 2015 VT 94, ¶¶ 12-14 , 199 Vt. 627 , 127 A.3d 921 (observing that juvenile court’s primary concern is “to protect the welfare of the child,” therefore, “few, if any, circumstances concerning the welfare of the child should be considered entirely immaterial or, for that matter, entirely controlling,” and emphasizing that “the best interests of the child[] must be considered in accordance with the four criteria set forth” (quotations omitted)).

11
Nickerson v. Nickersongreen
vt · 1992 · cited in 1 Vermont opinions naming this issue, 2015–2015
1 sentence

2015The court also found that the statutory best-interest factors predominated in mother’s favor, including the fact that she had been the children’s primary care giver, a factor entitled to “great weight.” Hazlett v. Toomin, 2011 VT 73, ¶ 13 , 190 Vt. 563 (mem.) (citing Nickerson v. Nickerson, 158 Vt. 85, 89 (1992)).

11
Chase v. Bowengreen
vt · 2008 · cited in 1 Vermont opinions naming this issue, 2014–2014
2 sentences

2014Chase v. Bowen, 2008 VT 12, ¶¶ 15, 36 , 183 Vt. 187 , 945 A.2d 901 .

2014Chase v. Bowen, 2008 VT 12, ¶¶ 15, 36 , 183 Vt. 187 , 945 A.2d 901 .

11
In re B.M.green
vt · 1996 · cited in 1 Vermont opinions naming this issue, 2013–2013
1 sentence

2013As we have stated on numerous occasions, the most critical of the statutory best-interest factors is the likelihood that the parent will be able to resume parental duties within a reasonable period of time, In re D.C., 2012 VT 108, ¶ 28 , 71 A.3d 1191 , which is considered from the perspective of the children, In re B.M., 165 Vt. 331, 336 (1996).

11
In re M.B.green
vt · 1994 · cited in 1 Vermont opinions naming this issue, 2012–2012
1 sentence

2012See In re M.B., 162 Vt. 229, 238 (1994) (recognizing that “[p]ublic policy . . . does not dictate that the parent-child bond be maintained regardless of the cost to the child”).

11
In re S.B.green
vt · 2002 · cited in 1 Vermont opinions naming this issue, 2011–2011
1 sentence

2011As we have often repeated, “[o]ur role is not to second-guess the family court or 3 to reweigh the evidence, but rather to determine whether the court abused its discretion in terminating mother’s parental rights.” In re S.B., 174 Vt. 427, 429 (2002) (mem.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Raymond Knutsen v. Karen Cegalis green
vt · 2016
1 sentence

2023Cf. Knutsen v. Cegalis, 2016 VT 2, ¶ 31 , 201 Vt. 38 (recognizing trial court’s discretion in awarding custody and determining PCC, and concluding that trial court’s decision was supported by evidence where court “credited expert testimony that the child would be at significant risk of mental health problems if efforts at reunification with mother continued”).

12023–2023
Hazlett v. Toomin green
vt · 2011
2 sentences

2015The court also found that the statutory best-interest factors predominated in mother’s favor, including the fact that she had been the children’s primary care giver, a factor entitled to “great weight.” Hazlett v. Toomin, 2011 VT 73, ¶ 13 , 190 Vt. 563 (mem.) (citing Nickerson v. Nickerson, 158 Vt. 85, 89 (1992)).

2015The court also found that the statutory best-interest factors predominated in mother’s favor, including the fact that she had been the children’s primary care giver, a factor entitled to “great weight.” Hazlett v. Toomin, 2011 VT 73, ¶ 13 , 190 Vt. 563 (mem.) (citing Nickerson v. Nickerson, 158 Vt. 85, 89 (1992)).

12015–2015
In re D.C., Juvenile green
vt · 2012
2 sentences

2013As we have stated on numerous occasions, the most critical of the statutory best-interest factors is the likelihood that the parent will be able to resume parental duties within a reasonable period of time, In re D.C., 2012 VT 108, ¶ 28 , 71 A.3d 1191 , which is considered from the perspective of the children, In re B.M., 165 Vt. 331, 336 (1996).

2013As we have stated on numerous occasions, the most critical of the statutory best-interest factors is the likelihood that the parent will be able to resume parental duties within a reasonable period of time, In re D.C., 2012 VT 108, ¶ 28 , 71 A.3d 1191 , which is considered from the perspective of the children, In re B.M., 165 Vt. 331, 336 (1996).

12013–2013

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 33, § 5113 (4)

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.

Where else courts name it

IA 131 (2010–2026) MI 110 (1988–2026) OH 51 (2002–2026) IL 30 (2015–2026) TN 26 (2007–2025) AK 12 (2014–2026) PA 10 (2013–2022) VT 9 (2011–2026) ND 8 (1995–2026) NV 4 (2018–2018) TX 3 (2019–2025) MO 2 (2011–2013) CO 2 (2024–2024) OR 2 (2022–2023)

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.

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