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Guardianship of a Child

14 V.S.A. § 2623 — a parent or anyone interested in a child's welfare may ask the Probate Division

A parent or anyone interested in a child's welfare may petition the Probate Division to appoint a guardian for a child under 18. A guardianship can be consensual, when the parents agree the child needs adult care for a reason like serious illness, incarceration or military duty, or nonconsensual, when the child is abandoned, abused, without proper care, or beyond a parent's control.

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  • In a consensual case, the parents sign a consent and file an agreement with the guardian covering each side's duties, the expected length, and contact with the child.
  • The court grants it if it finds by clear and convincing evidence that consent was knowing and voluntary, the guardian is suitable, and it is in the child's best interests.
  • In a nonconsensual case, the proposed guardian must prove by clear and convincing evidence that the child is in need of guardianship.

Ending it. A parent may move to end a guardianship at any time. A consensual one ends unless the guardian moves to continue it within 30 days, and then the guardian must prove the child still needs one. A nonconsensual one ends only after a change in circumstances.

Sources for this section (5)
  1. 14 V.S.A. § 2622 — Definitions
  2. 14 V.S.A. § 2623 — Petition for guardianship of minor; service
  3. 14 V.S.A. § 2626 — Consensual guardianship
  4. 14 V.S.A. § 2627 — Nonconsensual guardianship
  5. 14 V.S.A. § 2632 — Termination

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Vermont attorney.

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