Vermont § 2623 - Petition for guardianship of minor; service

§ 2623. Petition for guardianship of minor; service

• (a) A parent or a person interested in the welfare of a minor may file a petition with
  the Probate Division of the Superior Court for the appointment of a guardian for a
  child. The petition shall state: (1) the names and addresses of the parents, the child, and the proposed guardian; (2) the proposed guardian’s relationship to the child; (3) the names of all members of the proposed guardian’s household and each person’s relationship
  to the proposed guardian and the child; (4) that the child is alleged to be a child in need of guardianship; (5) specific reasons with supporting facts why guardianship is sought; (6) whether the parties agree that the child is in need of guardianship and that the proposed
  guardian should be appointed as guardian; (7) the child’s current school and grade level; (8) if the proposed guardian intends to change the child’s current school, the name and
  location of the proposed new school and the estimated date when the child would enroll; (9) the places where the child has lived during the last five years, and the names and
  present addresses of the persons with whom the child has lived during that period; (10) any prior or current court proceedings, child support matters, or parent-child contact
  orders involving the child; (11) whether the petition seeks a standby guardianship and the reasons for the request,
  including the adverse immigration action that the custodial parent is subject to;
  and (12) whether the petition is an emergency petition filed pursuant to subdivision 2625(f)(1) of this title. (b)(1) A petition for guardianship of a child under this section shall be served on all parties
  and interested persons as provided by Rule 4 of the Vermont Rules of Probate Procedure. (2)(A) The Probate Division may waive the notice requirements of subdivision (1) of this
  subsection (b) with respect to a parent if the court finds that: (i) the identity of the parent is unknown; (ii) the location of the parent is unknown and cannot be determined with reasonable effort;
  or (iii)(I) the custodial parent is detained as the result of an adverse immigration action; and (II) the guardian and the custodial parent’s attorney are unable to contact the custodial
  parent after making reasonable efforts. (B) After a guardianship for a child is created, the Probate Division shall reopen the
  proceeding at the request of a parent of the child who did not receive notice of the
  proceeding as required by this subsection (b). (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014; amended 2025, No. 31, § 3, eff. May 22, 2025.)