Can a Child Choose Which Parent to Live With in Vermont?

One of the most widespread misconceptions in Vermont family law is the belief that once a child turns 12 or 14, they gain the legal right to walk into court and choose which parent they will live with. In the State of Vermont, that myth is completely false: there is no statutory age below 18 at which a minor child can dictate Parental Rights and Responsibilities (custody) or Parent-Child Contact (visitation) schedules.

In fact, Vermont enforces some of the strictest procedural shields in the country to prevent parents from dragging children onto the witness stand or pressuring them to take sides in a breakup. Whether your custody case is pending in Burlington, Rutland, White River Junction, or Brattleboro, understanding how Vermont judges weigh a mature child's wishes-and the strict statutory barriers governing child testimony under 15 V.S.A. § 594 and V.R.F.P. Rule 7-is essential for every parent.

Debunking the "Age 14" Custody Myth in Vermont

Unlike states such as Georgia (where a 14-year-old's custody election is presumptively controlling), Vermont's custody statute-15 V.S.A. § 665-does not even list "the wishes of the child" as a standalone automatic override among the nine best-interest factors. Instead, as the Vermont Supreme Court established in Cameron v. Cameron, 137 Vt. 12 (VT Supreme Court 1979) and reaffirmed in Payrits v. Payrits, 171 Vt. 50 (VT Supreme Court 2000), the decision regarding where a minor child lives rests exclusively with the Family Division judge until the child reaches the age of majority at 18.

Why does Vermont refuse to set a magic age? Family Division judges recognize that placing the burden of choosing between two parents on a 12-, 14-, or 16-year-old inflicts severe emotional guilt and invites parental manipulation, bribery, or alienation. However, that does not mean a child's voice is ignored. Rather than treating a child's preference as a command, Vermont judges evaluate the underlying reasons for the child's preference through the lens of the statutory factors in 15 V.S.A. § 665-specifically Factor 1 (the quality of the child's relationship with each parent), Factor 3 (meeting developmental needs), and Factor 4 (adjustment to housing, school, and community).

How Child Testimony Is Handled Under 15 V.S.A. § 594

In Vermont, a parent cannot simply subpoena their son or daughter or bring them to the courthouse expecting the judge to put them on the stand. Under 15 V.S.A. § 594 and V.R.F.P. Rule 7, calling a minor child as a witness is heavily restricted by three mandatory legal safeguards:

• Mandatory Appointment of an Attorney for the Child: Under 15 V.S.A. § 594, the court must appoint an independent attorney to represent the minor child before the child may be called as a witness in any divorce, parentage, or custody proceeding.
• Strict Preliminary Hearing on Best Interests: Even after a child's attorney and a Guardian ad Litem (GAL) are appointed, the child may only be called to testify if the judge holds a hearing and makes two explicit findings: (1) that the child's testimony is necessary to assist the court in determining the issue before it (meaning the evidence cannot be obtained from adult witnesses), and (2) that the probative value of the child's testimony outweighs the potential emotional harm and detriment to the child from testifying as a witness.
• Protection Against Parental Coaching: Under V.R.F.P. Rule 7, the child's attorney and Guardian ad Litem frequently oppose motions to put a child on the stand if doing so would traumatize the child or damage their long-term bond with either parent.

Interviews in Chambers and Alternative Ways a Child's Voice Is Heard

Recorded Interviews in the Judge's Chambers

In the rare instances where a Vermont judge authorizes a minor child to testify after satisfying 15 V.S.A. § 594, the child almost never testifies in open court in front of their warring parents. Instead, 15 V.S.A. § 594 expressly provides that the examination of the child may be conducted by the judge in chambers (the judge's private office) outside the presence of the parents. By statute, the child's attorney and such other persons as the court specifies may attend, and the entire chambers interview must be recorded by a court reporter or court audio system to preserve the record.

Guardian ad Litem (GAL) and Child's Attorney Representation

Because direct judicial interviews are rare, the primary way a child's perspective reaches a Vermont judge is through the appointment of a Guardian ad Litem (GAL) and, for older or vocal children, an Attorney for the Child under V.R.F.P. Rule 7. These two roles work in tandem but have an important legal distinction:

• Guardian ad Litem (Best-Interests Advocate): The GAL investigates the family circumstances, speaks privately with the child, and advocates for what the GAL believes is in the child's objective best interests-even if that differs from what the child says they want.
• Attorney for the Child (Expressed-Wishes Advocate): Once a child is mature enough to direct legal representation, the child's court-appointed attorney acts as a traditional lawyer advocating for the child's expressed wishes and preferences in court filings, motion arguments, and questioning of adult witnesses.

Forensic Family Evaluations and Therapist Testimony

Parents can also bring the child's voice and emotional needs into evidence without putting the child on the stand by requesting a court-ordered Forensic Family Evaluation under V.R.F.P. Rule 4.0 or calling the child's treating mental health counselor or school guidance counselor to testify regarding the child's adjustment and anxiety.

The Impact of a Teenager's Preference in Vermont

While an 8-year-old's preference to live with the parent who allows unlimited video games and no bedtime carries virtually zero weight, the mature, well-reasoned preference of an older teenager (typically ages 14 to 17) can significantly influence a judge's analysis of the 15 V.S.A. § 665 factors. In Wright v. Kemp, 209 Vt. 476 (VT Supreme Court 2019), the Vermont Supreme Court affirmed a Family Division custody decision favoring the mother where the trial judge found that the teenage daughter was a mature, poised young woman with strong emotional insight whose strained relationship with her father directly impacted Factors 1, 3, 4, and 6 of 15 V.S.A. § 665.

When evaluating a teenager's preference, Vermont judges distinguish between two scenarios:

• Mature, Constructive Reasons (High Weight): A 15- or 16-year-old wants to reside primarily with one parent to stay in their long-time high school, avoid a 90-minute daily commute to sports and part-time jobs, or escape documented household conflict or substance abuse.
• Manipulated or Permissive Reasons (Low Weight): A teenager wants to switch households because one parent imposes no curfew, does not enforce homework or school attendance, or has actively alienated the teen against the other parent.

How a Child's Age and Maturity Affect Vermont Custody Proceedings

Step-by-Step Process in Vermont When a Child Expresses a Strong Custody Preference

If your child or teenager is asking to change living arrangements in a case before the Vermont Superior Court, Chittenden Unit, Family Division, Burlington, the Vermont Superior Court, Windham Unit, Family Division, Brattleboro, or the Vermont Superior Court, Windsor Unit, Family Division, White River Junction, follow these lawful steps rather than engaging in self-help.

Step 1: Do Not Unilaterally Violate an Existing Court Order

Even if a 15- or 16-year-old refuses to get in the car for scheduled Parent-Child Contact, Vermont courts expect the custodial parent to exercise active parental authority to encourage compliance until the court modifies the order. Unilaterally withholding a child without filing a motion can expose a parent to a contempt or enforcement action.

Step 2: File a Motion to Appoint a Guardian ad Litem or Attorney for the Child

In an active or post-judgment custody case (initiated via Form 400-00843, Vermont, Vermont Judiciary, Motion to Modify Parental Rights and Responsibilities and Parent-Child Contact and supported by Form 400-00804, Vermont, Vermont Judiciary, Affidavit - Family Division), file a written motion asking the court to appoint a Guardian ad Litem under V.R.F.P. Rule 7 and, for an older child, an independent attorney under 15 V.S.A. § 594.

Step 3: Allow the Child to Meet Privately With Their GAL and Attorney

Never script, coach, or ask your child to write a letter to the judge-judges view parent-solicited letters from children as a major red flag under 15 V.S.A. § 665 Factor 5. Allow the child to speak confidentially with their court-appointed attorney and GAL so their genuine concerns can be presented credibly.

Step 4: Participate in a Rule 7 Evidentiary Hearing (If Testimony Is Sought)

If either party or the child's attorney formally requests that the judge speak with the child in chambers under 15 V.S.A. § 594, the court will hold a preliminary hearing to decide whether the testimony is necessary and whether its value outweighs any emotional harm to the child.

How Much Does it Cost in Vermont?

Costs associated with child representation and custody proceedings in Vermont include:

• Guardian ad Litem (GAL) Services: In the Vermont Family Division, Guardians ad Litem are trained court-supervised volunteers provided at $0 cost to the parents.
• Court-Appointed Attorney for the Child: When the court appoints an attorney for a minor child under 15 V.S.A. § 594, counsel is frequently assigned through contract attorneys coordinated with the Vermont Office of the Defender General, Montpelier or court rosters; depending on parental income, services are either state-funded or assessed proportionally to the parents.
• Court Filing Fees (32 V.S.A. § 1431): There is $0 fee to file a motion for a GAL inside an already open case. Filing a post-judgment Motion to Modify Parental Rights and Responsibilities or Parent-Child Contact costs $120 (or $35 if both parents sign a stipulation on Form 400-00825, Vermont, Vermont Judiciary, Agreement on Parental Rights and Responsibilities (Stipulation-Parenting Plan)), with fee waivers available via Form 600-00228, Vermont, Vermont Judiciary, Application to Waive Filing Fees and Service Costs.
• Private Forensic Custody Evaluations: If parents hire a private child psychologist for a comprehensive family evaluation, fees typically range from $3,500 to $8,000 split between the parties.

How Long Does the Process Take?

The timeline for integrating a child's perspective into a Vermont custody case follows several stages:

• Appointment of a Guardian ad Litem or Child's Attorney: Typically 2 to 4 weeks after the judge grants the motion.
• GAL Investigation and Home/School Interviews: Generally 4 to 8 weeks for the GAL and child's counsel to meet with the child, review school/counseling records, and confer with both parents.
• Final Merits or Modification Hearing: Usually 4 to 9 months from the filing of the underlying petition or modification motion.

If your child is struggling under an existing parenting arrangement or expressing a strong preference regarding where they live, consult an experienced Vermont family law attorney in our directory to navigate 15 V.S.A. § 594 without putting your child in the middle of courtroom conflict.

Frequently Asked Questions (FAQ)