(a) On motion of either parent or any other person to whom custody or parental rights
and responsibilities have previously been granted, and upon a showing of real, substantial,
and unanticipated change of circumstances, the court may annul, vary, or modify an
order made under this subchapter if it is in the best interests of the child, whether
or not the order is based upon a stipulation or agreement.
(b) Whenever a judgment for physical responsibility is modified, the court shall order
a child support modification hearing to be set and notice to be given to the parties.
Unless good cause is shown to the contrary, the court shall simultaneously issue a
temporary order pending the modification hearing, if adjustments to those portions
of any existing child support order or wage withholding order that pertain to any
child affected by the modification are necessary to ensure that support and wages
are paid in amounts proportional to the modified allocation of responsibility between
the parties.
(c) A final order related to parental rights and responsibilities and parent-child contact
issued pursuant to subdivision 665(f)(1) of this title shall not be subject to modification. A party may file a motion for modification
of an order related to parental rights and responsibilities and parent-child contact
issued pursuant to subdivision 665(f)(2) of this title only upon a showing of extraordinary, real, substantial, and unanticipated change
of circumstances. (Added 1985, No. 181 (Adj. Sess.), § 6; amended 2011, No. 119 (Adj. Sess.), § 7; 2013, No. 197 (Adj. Sess.), § 2.)
DeBeaumont v. Goodrich, 644 A.2d 843 (Vt. 1994). · cites it 12ד" 15 V.S.A. § 668. Once that threshold is met, the moving party must then show that annulling, varying or modifying a prior parental rights and responsibilities determination is in the *846 best interests of the child.”
Gazo v. Gazo, 697 A.2d 342 (Vt. 1997). · cites it 8דWe hold that the family court exceeded its authority in defining a relocation as a change of circumstances for the purpose of retaining jurisdiction under 15 V.S.A. § 668, and that other provisions of its order dealing with parental decision-making and visitation are overbroad…”
Spaulding v. Butler, 782 A.2d 1167 (Vt. 2001). · cites it 6דMother argues that the court erred in finding that a real, substantial and unanticipated change of circumstances had occurred, see 15 V.S.A. § 668, and in concluding that awarding custody to father was in Nathan's best interests.”
Heidi Corcoran Wener v. Erik Wener, 2016 VT 109 (Vt. 2016). · cites it 6דMuch of the difference in the positions of the parties in this case and the analysis of the trial court relate to the interaction of the statutory provisions and the agreement, with the grounds for modification of a court order based on a parental agreement governing parental…”
Knutsen v. CEGALIS, 2009 VT 110 (Vt. 2009). · cites it 6ד2d at 846 ; see also 15 V.S.A. § 668 (providing that a court may modify a custody order upon a showing of "real, substantial and unanticipated change of circumstances").”
Hoover (Letourneau) v. Hoover, 764 A.2d 1192 (Vt. 2000). · cites it 4דIn a decision dated December 18, 1998, after a hearing on the matter, the court concluded under 15 V.S.A. § 668 that mother's move to Connecticut constituted a real, substantial and unanticipated change of circumstances necessitating reconsideration and modification of the…”
DeLeonardis v. Page, 2010 VT 52 (Vt. 2010). · cites it 4דUnder the circumstances, and recognizing that the stipulation was filed after the dissolution order became final, we treat the parties’ filing as a joint motion to modify the dissolution order, governed by 15 V.S.A. § 668 and Vermont Rule for Family Proceedings 4(j).”
Maurer v. Maurer, 2005 VT 26 (Vt. 2005). · cites it 4ד15 V.S.A. § 668. There are no "fixed standards to determine what constitutes a substantial change in material circumstances"; instead, the court should be "guided by a rule of very general application that the welfare and best interests of the children are the primary concern in…”
DeSantis v. Pegues, 2011 VT 114 (Vt. 2011). · cites it 5דHowever, the court concluded that there was sufficient evidence to support a finding of sexual abuse by a preponderance of evidence and then relied on this finding as evidence of “a real, unanticipated and substantial change in circumstances” sufficient to satisfy the threshold…”
Mullin v. Phelps, 647 A.2d 714 (Vt. 1994). · cites it 3דThe father argues that neither the one instance of sexual abuse that had allegedly taken place since the mother's last previous claim of abuse was rejected by the court, nor his failure to follow every aspect of the court's March 1992 order regarding therapy for him and the…”
Lane v. Schenck, 614 A.2d 786 (Vt. 1992). · cites it 4דWe must decide what standard applies in a proceeding brought under 15 V.S.A. § 668 (modification of custody) when, without agreement, a custodial parent decides to move a significant distance from the noncustodial parent.”
Hawkes v. Spence, 2005 VT 57 (Vt. 2005). · cites it 3דSee 15 V.S.A. § 668 (allowing court to modify previous divorce order upon showing of real, substantial and unanticipated change of circumstances, if it is in child’s best interests).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.