Can Children Express Preference in Vermont Custody Proceedings?

Ending a relationship is never easy, and it can be even more difficult when children are involved. Separating parents have to divide their own lives, and their children's. While parents often have strong opinions, children may also have a say in where they want to live. In most states, including Vermont, judges may consider a child's preference in making custody decisions.

This article explains how a child's preference can affect custody outcomes in Vermont. If you have more questions after reading, it's a good idea to speak with a Vermont family law attorney.

How Custody Decisions Are Made in Vermont

When parents can't agree on custody, a Vermont judge will make a decision based on what's in the child's best interests. State law requires courts to consider the following factors when evaluating the best interest of the child for custody purposes:

• the relationship of the child with each parent
• the ability of each parent to meet the child's needs
• the quality of the child's adjustment to the child's current environment
• the ability of each parent to maintain a positive relationship with the other parent, except when such contact would be harmful
• the quality of the child's relationship with the primary care provider, if appropriate based on the child's age and development
• the relationship of the child with any other person who may significantly affect the child
• the ability of the parents to work together on matters involving the child when parental rights and responsibilities are to be shared or divided, and
• evidence of abuse and the impact of the abuse on the child and the child's relationship with the abusing parent

(15 Vt. Stat. § 665 (2025).)

The preference of the child is not explicitly listed as a consideration under Vermont law. However, a child's preference may be relevant to the factors listed under the law.

Will a Judge Consider a Child's Preference?

In Vermont, a judge's primary concern in making a custody decision is the child's best interests. While Vermont law doesn't list a child's preference as a required factor, judges may consider it as part of their evaluation of what's best for the child.

While judges may consider a child's wishes, children don't have the power to choose which parent will be awarded custody. No matter how old they are. Vermont law doesn't give children that kind of authority in custody cases. (Palmer v. Palmer, 138 Vt. 412, 416 A.2d 143 (Vt. 1980).)

A child's opinion can be taken into account, but it's just one part of a much larger picture. The judge also has to think about things like the child's relationship with each parent and siblings, how close the parents live to each other, and how much a change in custody might disrupt the child's life. (Harris v. Harris, 162 Vt. 174, 647 A.2d 309 (Vt. 1994).)

Thus, while a child's preference may be considered, it's not determinative, and it's only one factor among many in the court's determination of the child's best interests.

Will a Child Have to Testify in Court?

Judges are cautious about asking children to testify in court. A child may be asked to share their opinion directly only when:

• their testimony is necessary to resolve a key issue in the case
• the benefit of hearing from the child outweighs any potential emotional harm, and
• the information can't be obtained in another way.

(15 Vt. Stat.§ 594 (2025).)

If a child does testify, the judge will usually conduct the interview privately (in chambers), not in the courtroom. A guardian ad litem—a person appointed to represent the child's best interests—will often be appointed to the child. The judge may also appoint an attorney to the child if the situation calls for it. If the judge conducts the hearing in chambers, it will be recorded. This private setting helps prevent children from feeling pressured or guilty about their preference.

In many cases, a child's opinion will be shared through reports from custody evaluators or other professionals who interview the child during the case.

Get Help With Your Custody Questions

Custody decisions can be complex, and a child's opinion is just one part of the picture. If you're navigating a custody dispute, It's helpful to understand as much as you can about child custody laws and procedures. Take the time to read about child custody laws in Vermont. You should also talk to a Vermont family law attorney who can guide you based on your unique circumstances. Visit Nolo's attorney directory to connect with a lawyer who can help you with your case.