Vermont Statutes Annotated

Vt. Stat. Ann. tit. 15, § 1012 (2026)

✓ current as of May 2026

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(Cite as: 15 V.S.A. § 1012)

§ 1012. If a parent is deceased or cannot decide

If a parent of a minor child is deceased, physically or mentally incapable of making a decision, or has abandoned the child, a grandparent of the child may commence an action in Superior Court in the county in which the custodian of the child resides to obtain visitation rights. The action shall promptly be tried without a jury in the same manner as a divorce case. The custodian of the child shall be the party defendant. In the event that the custodian of the child is not the parent of the child, the parent shall also be joined as a party defendant. (Added 1983, No. 219 (Adj. Sess.), eff. May 9, 1984.)

Notes of Decisions

Cited in 6 cases, 1988–2005 · leading case: Castagno v. Wholean, 684 A.2d 1181 (Conn. 1996).

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Castagno v. Wholean, 684 A.2d 1181 (Conn. 1996). · cites it 2× “1996); Vt. Stat. Ann. tit. 15, § 1012 (1989); Va Code Ann.”

In re S.B.L., 553 A.2d 1078 (Vt. 1988). “As of the effective of the grandparent visitation statutes, the grandparent could have brought a separate action in superior court seeking visitation pursuant to 15 V.S.A. § 1012. That section clearly applies because the mother of S.”

Steward v. Steward, 890 P.2d 777 (Nev. 1995). “§ 93-16-1 (1993); Vt. Stat. Ann. tit. 15, § 1012 (1993); W.”

Craven v. McCrillis, 2005 VT 22 (Vt. 2005). “After Craven’s death, father assumed sole physical and legal rights for the child. Although Paradis had a close relationship with the child, father decided not to let her visit with Cheyenne.”

Rivers v. Gadwah, 679 A.2d 891 (Vt. 1996). “15 VS.A. § 1012 permits a grandparent to commence an action for visitation only where “a parent of a minor child is deceased, physically or mentally incapable of making a decision or has abandoned the child.”

In Re Sbl, 553 A.2d 1078 (Vt. 1988). “As of the effective date of the grandparent visitation statutes, the grandparent could have brought a separate action in superior court *1089 seeking visitation pursuant to 15 V.S.A. § 1012. That section clearly applies because the mother of S.”

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