Parental Rights
Vermont
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
Yes |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
Yes |
What parental rights can be terminated or limited? |
Termination: Custody Visitation |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
N/A |
What other rights may be impacted by terminating a rapist’s parental rights? |
N/A |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Victim must petition the Court. |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Must show by Clear and Convincing Evidence that rapist parent was convicted of sexually assaulting the victim parent, and the child was conceived as a result of the sexual assault. Applies only in cases where rapist parent was convicted of “sexual assault as provided in 13 V.S.A. § 3252(a), (b), (d), and (e), aggravated sexual assault as provided in 13 V.S.A. § 3253, aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a, lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602, and similar offenses in other jurisdictions.” Or, a court may terminate parental rights of rapist if the court finds by Clear and Convincing Evidence, without a conviction, that the child was conceived by the rapist parent “sexually assaulting or sexually exploiting” victim parent. Other evidence may be admitted to prove the assault or exploitation occurred. The court must find by a Preponderance of the Evidence that such termination is in the best interests of the child. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Exception applies in a case of statutory rape between an individual less than 19 years old and the other individual is at least 15 years old, and the sexual act was otherwise consensual. |
Does the law have any exceptions for married or co-habitating victims? |
N/A |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
Yes, however, victim may elect to not receive support. |
Statutory Citations |
See, VT ST T. 15 § 665(f)Rights and responsibilities order; best interests of the child VT ST T. 15 § 1088 Expedited enforcement of child custody determination |