Vermont Statutes Annotated

Vt. Stat. Ann. tit. 15, § 1076 (2026)

✓ current as of May 2026

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Subchapter 002 : JURISDICTION

(Cite as: 15 V.S.A. § 1076)

§ 1076. Simultaneous proceedings

(a) Except as otherwise provided in section 1074 of this title, a Vermont court may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a Vermont court is a more convenient forum under section 1077 of this title.

(b) Except as otherwise provided in section 1074 of this title, a Vermont court, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 1079 of this title. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the Vermont court shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the Vermont court is a more appropriate forum, the Vermont court shall dismiss the proceeding.

(c) In a proceeding to modify a child custody determination, a Vermont court shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(2) enjoin the parties from continuing with the proceeding for enforcement; or

(3) proceed with the modification under conditions it considers appropriate. (Added 2011, No. 29, § 1.)

Notes of Decisions

Cited in 5 cases, 2014–2020 · leading case: In re M.S., 176 A.3d 1124 (Vt. 2017).

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In re M.S., 176 A.3d 1124 (Vt. 2017). · cites it 2× “I agree with the outcome of the majority's analysis not on the basis of an across-the-board rule about newborns in the hospital, but because in this case the evidence supports the trial court's conclusion that, on account of mother's lack of an established home at the time of…”

Laurie Pierce v. Josh Slate, 172 A.3d 190 (Vt. 2017). · cites it 3× “This carries out the "first-in-time" rule embodied in the simultaneous proceedings provision, 15 V.S.A. § 1076. This rule, which prohibits a state from exercising jurisdiction if a custody action is pending in another state, is "designed to prevent jurisdictional squabbles by…”

In re A.W., 2014 VT 32 (Vt. 2014). · cites it 2× “While a Vermont family court is obligated to stay a proceeding and communicate with the court of another state if “information supplied by the parties” indicates that a child custody proceeding has been commenced in the court of another state having jurisdiction, 15 V.S.A. §…”

W.H. v. Dep't for Child. & Families, 2020 VT 104 (Vt. 2020). “Code § 30 -3B-206(a); 15 V.S.A. § 1076(a). A. ¶ 15. Vermont was not obligated to register the Alabama custody order because Alabama lacked jurisdiction under the UCCJEA pursuant to the simultaneous-jurisdiction provision.”

In re M.S., Juv. (Vt. Super. Ct. 2017). “See 15 V.S.A. § 1076(a) (establishing first-in-time rule, where multiple states have jurisdiction); 15 V.”

— Vt. Stat. Ann. tit. 15, § 1076(a) — 4 cases

In re M.S., 176 A.3d 1124 (Vt. 2017). “I agree with the outcome of the majority's analysis not on the basis of an across-the-board rule about newborns in the hospital, but because in this case the evidence supports the trial court's conclusion that, on account of mother's lack of an established home at the time of…”

Laurie Pierce v. Josh Slate, 172 A.3d 190 (Vt. 2017). “This carries out the "first-in-time" rule embodied in the simultaneous proceedings provision, 15 V.S.A. § 1076. This rule, which prohibits a state from exercising jurisdiction if a custody action is pending in another state, is "designed to prevent jurisdictional squabbles by…”

W.H. v. Dep't for Child. & Families, 2020 VT 104 (Vt. 2020). “Code § 30 -3B-206(a); 15 V.S.A. § 1076(a). A. ¶ 15. Vermont was not obligated to register the Alabama custody order because Alabama lacked jurisdiction under the UCCJEA pursuant to the simultaneous-jurisdiction provision.”

In re M.S., Juv. (Vt. Super. Ct. 2017). “See 15 V.S.A. § 1076(a) (establishing first-in-time rule, where multiple states have jurisdiction); 15 V.”

— Vt. Stat. Ann. tit. 15, § 1076(b) — 3 cases

In re M.S., 176 A.3d 1124 (Vt. 2017). “I agree with the outcome of the majority's analysis not on the basis of an across-the-board rule about newborns in the hospital, but because in this case the evidence supports the trial court's conclusion that, on account of mother's lack of an established home at the time of…”

In re A.W., 2014 VT 32 (Vt. 2014). “While a Vermont family court is obligated to stay a proceeding and communicate with the court of another state if “information supplied by the parties” indicates that a child custody proceeding has been commenced in the court of another state having jurisdiction, 15 V.S.A. §…”

Laurie Pierce v. Josh Slate, 172 A.3d 190 (Vt. 2017). “This carries out the "first-in-time" rule embodied in the simultaneous proceedings provision, 15 V.S.A. § 1076. This rule, which prohibits a state from exercising jurisdiction if a custody action is pending in another state, is "designed to prevent jurisdictional squabbles by…”

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