Parentage

Ways to Establish Parentage

Vermont law provides several ways to establish parentage. They include:

• marriage or civil union
• voluntary acknowledgement
• court order
• assisted reproduction
• surrogacy

You can find more information about establishing parentage on these pages:

• Department for Children and Families' Establish Legal Parentage web page
• VermontLawHelp Parentage web page

Reasons to Establish Parentage

If the law does not recognize you as the child's legal parent:

• The child may not have access to health insurance through your employer, union, or military service.
• The child may not be entitled to financial support from you, or contact with you.
• If you die, the child may not qualify for many benefits. These include social security, pension, inheritance rights, veterans' benefits, and life insurance.
• You may not be entitled to contact with the child or a relationship with the child if the child's legally recognized parent denies you access.

If both parents agree they are the parents of a child, they may sign a Voluntary Acknowledgment of Parentage form. This form is a legally binding document. Both the legally recognized parent and the other parent must sign it.

The Voluntary Acknowledgment of Parentage form is available online, at hospitals and birthing centers, at Office of Child Support (OCS) offices, and at the courts.

By signing the document, both parents swear they are the child's parents. A signed acknowledgment means either parent may ask for parental rights and responsibilities (child custody) and parent-child contact (parent-time). Both parents also have an obligation to support the child financially.

The voluntary acknowledgment form must be filed with the Department of Health in order to be effective. A parent can rescind (withdraw) their voluntary acknowledgment of parentage within 60 days using the Rescission or Removal of Voluntary Acknowledgment or Denial of Parentage form.

If the voluntary acknowledgement form is filed with the Department of Health within six months of the child's birth, the parent's name will be added to the birth certificate. After six months a parent would have to file a case in the Probate Division to ask to be added to the child's birth certificate 

In some situations you may determine you want to ask the court for orders about parental rights and responsibilities, parent-child contact, and child support. A parent can use the forms at the bottom of this web page to ask for court orders.

The Office of Child Support helps people establish legal parentage. For more information about voluntary acknowledgment of parentage, contact the Office of Child Support.

A stipulation is an agreement between the parties to all of the terms of the parentage case.

• You may be in complete agreement at the start of the case.
• You may come to an agreement at any time during your case with the help of a mediator or your case manager, or on your own.

A mediator is a neutral third party who can help you reach agreement on the issues in your divorce case. The Family Mediation Program web page has information about the program and a list of mediators. In some cases, the judge may require parties to meet with a mediator before the case can move ahead.

If you start your parentage case with a stipulation, the filing fee is less. The cost to file without a stipulation is $120. The cost to file with a stipulation is $35. If the judge doesn't approve your stipulation, you may be required to pay the higher filing fee.

Even if you are in complete agreement, the judge will review the paperwork to make sure everything complies with Vermont law.

If you and the other party agree about everything, these forms must be filed in addition to the other forms needed to start a parentage case:

  Signed by the defendant

• Acceptance of Service - Family Division (form 400-00844)
• Answer to Parentage and Counterclaim (form 400-00840)

  Signed by both parties

• Parentage Stipulation (form 400-00872).
• Agreement on Parental Rights and Responsibilities, Parent Child Contact and Provisions Related to Children (form 400-00825).
• Child Support Order (form 400-00802)
• Child support worksheet using the Child Support Calculator from the Office of Child Support website. 

You can find all of these forms at the bottom of this web page in the Forms section. 

Your stipulation will specify:

• Legal responsibility: Who will make major decisions about medical issues, education, and religious upbringing.
• Physical responsibility: Where the children will live.
• Parent-child contact: How much time will the children spend with each parent.
• Child support: Vermont law requires parents to support their children. The amount of child support calculated using the child support guidelines. Your stipulation must include a copy of the child support worksheet, which you can generate using the Child Support Calculator. You can find more information about calculating child support on the Child Support web page.

You can find information about these topics on the Judiciary's website:

• Parental rights and responsibilities and parent–child contact
• Child support

Don't sign stipulation forms if you don't agree

Only sign the stipulation forms if you completely understand and completely agree with what you're signing.

If you have questions or concerns, or are feeling pressured or forced to sign something, consider talking to an attorney. The Finding Legal Help web page has information about the ways to get the help of an attorney.

The person who starts the divorce case is called the plaintiff. The person responding to the case is called the defendant. It doesn’t matter whether you are the plaintiff or the the defendant. Your role does not affect the outcome of the case.

The person signing the forms must be 16 or older and be of sound mind. If they are not 16 or older or are not of sound mind, a parent or guardian may sign on their behalf.

Step 1: Fill out the forms

Fill out these forms:

• Information Sheet (form 800) 
• Complaint to Establish Parentage and/or Related Obligations (form 400-00817) 
• Statement of Confidential Information (form 400-00849)
• Copy of the Voluntary Acknowledgement of Parentage form if one was signed 
• Filing fee (select Family Division Fees here)

You can find the forms at the bottom of this page in the Forms section. 

Stipulation

If the parties agree about everything at the start of the case and want to file a stipulated case in order to pay a lower filing fee, there are forms that must be filed in addition to the forms needed to start a parentage case listed above. See the Parties Agree (Stipulation) section of this web page for more information.

Ways to fill out the forms

You can fill out the forms in one of these ways:

• Download and complete the fillable PDF forms in the Forms section of this web page. 
• Print the forms from the Forms section of this web page and fill them out by hand.
• Pick up the paper forms from the Family Division at the courthouse and fill them out by hand.

Step 2: File the forms with the court

Filing means giving the completed forms to the court.

File the completed forms with the Family Division of the Superior Court in the county where you or the other party lives.You can file in person at the courthouse, by mail, or by email. See the Filing Procedures web page for more information about filing.

Filing Fee

There is a fee to start a parentage case. Filing fees are listed on the Fees web page. (select Family Division Fees, Parentage or Desertion and Support). If you can't afford the filing fees, you can ask the court to consider waiving them. See the Application to Waive Filing Fees and Service Costs web page for more information and forms.

Be sure to keep a copy of everything you file with the court for your records.

Step 3: Forms served on the other party

Serving means delivering a copy of the completed forms to the other party. 

The court will handle service in most cases. You are responsible for the cost of service unless you asked to have the fee waived and the court granted your request. If the parties are in complete agreement (stipulating), other less formal service options are available. See the Serving Papers web page for more information. 

The person who starts the parentage case is called the plaintiff. The person responding to the case is called the defendant. It doesn’t matter whether you are the plaintiff or the the defendant. Your role does not affect the outcome of the case.

There are several different ways you could be served with papers in a parentage case. See the Serving Papers in Family Division Cases web page for more information. 

Step 1: Fill out the Answer form

You have 21 days from when you were served with the papers starting the case to file a written response with the court. Your response is called an Answer. Use the Notice of Appearance, Answer to the Complaint and Counterclaim (form 400-00840) for your response.

You have 21 days to file the Answer, but when those 21 days start depends on how you were served:

• If you signed an Acceptance of Service of Service (form 400-00844) or Waiver of Service (form 400-00820), the 21 days start on the day you signed the form.
• If the papers were mailed to you, the 21 days start on the day you signed for the envelope with your mail carrier or at the post office.
• If the sheriff served you in person, the 21 days start on the day you were served.

Asking for more time to answer

If you need more time to file an answer, you make a written request (a motion) for more time. Use the Miscellaneous Motion – Family Division (form 400-00830) to make your request. You can find the form in the Forms section of this page under Related Forms / General Motion.

Ways to fill out the forms

You can fill out the forms in one of these ways:

• Download and complete the fillable PDF forms in the Forms section of this web page. 
• Print the forms from the Forms section of this web page and fill them out by hand.
• Pick up the paper forms from the Family Division at the courthouse and fill them out by hand.

Counterclaim

The answer form includes an optional counterclaim section. There are a several reasons why you might want to make a counterclaim. For example:

• There are things you want to ask for as part of the parentage case which weren’t included in the plaintiff’s complaint. For example, you want to ask for genetic testing to determine paternity of the children, but the plaintiff did not include that in their complaint.
• You not only disagree with some of the things the plaintiff asked for in the complaint, you want to ask for something different. For example, the plaintiff asked for sole parental rights and responsibilities of your children. You can use the counterclaim to ask for shared parental rights and responsibilities.
• You are concerned the plaintiff will change their mind about the parentage case and ask to dismiss the case. If you file a counterclaim, the case will not be dismissed because of their request to dismiss.
• You are concerned the plaintiff will not follow through with the steps in the case, and it will be dismissed because of inactivity. If you file a counterclaim you can keep the case moving.

There may be other reasons. Talk to an attorney if you have questions about a counterclaim. See the Finding Legal Help web page for information about the ways to get the help of an attorney.

A counterclaim is usually filed at the same time as your answer – within 21 days of being served with the complaint. It is possible to ask permission to file a counterclaim after the deadline has passed. Use the Miscellaneous Motion (form 400-00830) to make your request. You can find the form at the bottom of the page in the Forms section.

There is no fee to file a counterclaim in a parentage case.

Step 2: File your Answer with the court

Filing means giving the completed forms to the court. 

File the completed forms with the Family Division of the Superior Court handling your case. You can file in person at the courthouse, by mail, or by email. See the Filing Procedures web page for more information about filing.

Step 3: Serve your Answer on the other party

Serving papers means getting a copy of everything you file with the court to the other party in the case. You can hand deliver, mail, or email (if the other party has agreed to service by email) documents to the other party.

You must serve copies of everything you file with the court on the other party (or their attorney, if they have one), and fill out and file a Certificate of Service (form 600-00264) to tell the court how you did that. If the Office of Child Support is involved in your case you must also serve them.

If You Do Not File an Answer

It is very important for you to file an answer. If you don't, the court can enter a default judgment against you. A default judgment is a decision made by the court without your input or participation. The order can involve your property, responsibility for debts, and other financial matters. If you have children, the order may determine where your children live and how much time they spend with each parent. The court can also order you to pay child support. If you don't file an answer but appear at a scheduled court hearing, you will be allowed to participate. 

The court will start the case with several notices and orders. You must follow the court's orders and attend hearings when you get a notice.

Order Regarding Parenting Course

Both parents must attend a parenting course called Helping Children Cope with Separation and Divorce (COPE). You can choose the time and place that best fits your schedule. The COPE course gives you information to help you and your kids deal with the changes to your family relationships. The sooner you attend the course, the better.

Order Regarding Self-Represented Litigant Education

Most courts require you to attend a one-and-a-half-hour course to help you represent yourself. The course is usually offered at the courthouse. Volunteer lawyers generally provide the education. The sooner you attend, the better informed you will be. This course will help you represent yourself more effectively.

Notice to Attend a Case Manager Conference

You will receive a notice to attend a case manager conference. This is a meeting with both parties and a case manager at the courthouse. If the Office of Child Support (OCS) is a party to the case, a representative from OCS will also attend the conference on behalf of the State of Vermont regarding child support only. This conference is usually held four to eight weeks after the case is filed. Use the time before that to fill out your financial forms and gather the financial records that you are required to bring to the conference. You must bring copies of all of these documents for the court, the other party, and OCS if they are a party. Also, always keep a copy for yourself.

Usually, the first court hearing will be a case manager conference. The judge won’t be there. A case manager will run the conference with both of you. The purpose is to figure out what you can agree to, and what issues you will be asking the judge or magistrate to decide. The case manager will help you. Here are some topics you will cover:

• Parentage (Do you agree about who are the child's parents?)
• Parental rights and responsibilities (sometimes called custody)
• Parent–child contact (sometimes called visitation)
• Child support
• Health insurance

If you don't agree about parentage, the court can order genetic testing.

Parental Rights and Responsibilities and Parent–Child Contact

Your child’s best interests are very important. If you and the other parent have agreed on parentage, you can then try to come up with a plan that is best for your child. In particular, you will need to reach an agreement on the following matters:

• What’s the best schedule for your child in terms of the time your child spends with each of you? Consider your child’s needs and where each of you live.
• How should vacations and holidays be handled?
• Should the schedule change as your child gets older?
• How will the child get back and forth between the two households?
• Who should be responsible for the day-to-day care of your child? This is called physical parental rights and responsibilities.
• Who should be responsible for the major decisions about things such as medical care, religious upbringing, and education? This is called legal parental rights and responsibilities.
• Should these responsibilities be shared, or primarily held by one parent? You can agree to share legal rights and responsibilities, physical rights and responsibilities, or both. And you can come up with a schedule for your child to spend time with both of you in a way that best meets the child’s needs. The court cannot order shared custody unless you both agree.

You can find more information about parental rights and responsibilities and parent–child contact on this site here.

Child Support

The case manager will address child support and health insurance for the child (or children). You should come to the conference with information about the cost of including your child on your health insurance plan, even if you have not currently enrolled in the plan. You should also bring:

• Your completed Financial Affidavit – Non-Divorce Form (Form 400-00813S)
• Your four most recent paystubs
• Your two most recent federal income tax returns

Make sure you bring enough copies for all participants.

Your child support is based on a computer model that considers:

• Each parent’s gross monthly income or earning capacity
• What each parent pays for health insurance and day care for the child
• How many nights the child spends with each parent
• Whether the child has special needs and expenses

The computer calculates a child support guideline amount to be paid by one of you. The person who pays, who is called the obligor, is usually the parent who has less time with the child or who makes more money. This guideline amount is legally presumed by the court to be the amount to be paid. You and the other parent can’t just pick a figure and hope the court will agree. The court will order a different amount to be paid if it finds that the guideline amount is unreasonable. You can find more information about child support on the Child Support web page.

The case manager will help you write up the agreements you make. You and your child will be better off if you can reach an agreement with the other parent. Here are some reasons:

• You and the other parent know more about your children and your finances than a judge ever will. You are in a better position to find fair and practical solutions to the issues.
• Most people would rather make their own major life decisions.
• The two of you will have to work together to parent your children through the rest of their lives.
• You and the other parent are more likely to follow the court order if you have agreed to it together.

You should not agree to anything you are uncomfortable with.

If you run out of time but think you may be able to agree on more issues, the court can schedule a second case manager conference. If you have any questions or concerns, you should bring them up with the case manager.

Tell the case manager at the beginning of the conference if there is domestic abuse in the relationship. The case manager can help come up with a way to communicate—such as texting or using a third party—to keep you safe.

The more prepared you are, the more progress you can make at the conference. Sometimes people just can’t talk to each other. But if you can, try to talk with each other before the conference to see if you can work out at least some issues. You don’t need to work everything out. If you disagree about something, just make a note of it and let the case manager know.

You can agree to a temporary order or a final order. A temporary order applies until the court issues a final order after a hearing, or until you and the other parent file a final agreement that is approved by the court. If one parent is going through a job change, or is uncertain of future income, you can have a temporary child support order. The court will review the support order at the final hearing if both of you still have not agreed to a final order.

Many parents are able to work out parenting schedules and child support with the help of the case manager. When they do, the court reviews the agreement within a few days and signs it. That turns your agreement into a court order. Court orders stay in effect until the court issues new orders. Once parentage, parental rights and responsibilities, and child support orders are issued, the case will close with the court.

Sometimes you need a third party to help you come up with agreements. Mediation offers a structure for communicating at a time when working together is difficult. Mediators do not decide who is right or wrong. A skilled mediator can help you find practical solutions.

Mediation is less formal and more private than a public hearing in court. Parents who have made agreements by using a mediator have reported greater satisfaction than parents who had the court make the decisions for them.

The Family Mediation Program provides subsidized mediation services to qualifying people. See the Family Mediation Program web page for more information about the program and for a list of family court mediators.

Sometimes parents can’t agree on critical issues that need to be decided. When that happens, the court will decide. The case manager refers disputes to either the child support magistrate or the family court judge, or both. In some cases, you may file a motion on your own to ask the court to take some action. The magistrate or the judge (or both) will hold hearings at a later date.

The kinds of issues that you may need the court to decide on a temporary basis until the final hearing include paternity, parental rights and responsibilities, parent–child contact, and child support.

If either party denies that the alleged father is the biological parent, or feels some doubt, the party can ask the court to order genetic testing using the Motion for Genetic Testing (form 400-00869). You can find the form at the bottom of this web page in the Forms section

Here are some reasons for asking the court to order genetic testing:

• The parties were not married when the child was born, and a Voluntary Acknowledgement of Parentage was not signed and filed
• The parties signed a Voluntary Acknowledgement of Parentage form, but one party has evidence to present to the court that will demonstrate that one of the parties is not a biological parent. That party must give a description of that evidence
• The parties were married when the child was born, but one of them has information that suggests that the other person is not the biological parent of the child. That party must present that information.

The parties must indicate who will pay for genetic testing. The Office of Child Support (OCS) usually pays for it if the court has ordered it.

The Office of Child Support (OCS) will pay for the genetic test if the mother and child are receiving assistance or one parent has applied for services from OCS and a Voluntary Acknowledgement of Parentage form was never signed. Otherwise, the court has information about laboratories and their charges, and it is up to the parties to arrange and pay for the testing themselves.

The court order will state the time and place for both parties and the child to give their genetic samples. The test results are usually available within six weeks.

After the genetic testing results come back, the court will schedule a parentage hearing unless the results show that the tested person cannot possibly be the father.

If you ignore a hearing notice and do not show up, you give up your right to present your arguments.

The Vermont Parentage Act (VPA) changed several aspects of establishing parentage. See 15C V.S.A. § 101 et seq. for the complete text of the law.

You can ask the court to change a child’s name as part of a parentage case. You should also mention it during the final hearing. If your request is granted, the order will include a provision changing the child’s name. You can show the order to agencies to change the child’s name on official documents.

You are responsible for telling others about your child’s new name. Here is a list of some of the documents you might want to change and the institutions you might want to notify:

• Bank
• Birth certificate (Vermont | Other states)
• Department of Motor Vehicles to get a new driver license or state ID, and vehicle registration
• Department of State to change a passport
• Employer
• Health care providers
• Insurance company
• Library
• Post office
• Public benefits agencies
• School
• Social Security Administration to change a social security card
• U.S. Citizenship and Immigration Services

If you didn't ask to change your child’s name as part of a parentage case, you can start a minor name change case with the probate division.

Parties in a parentage case with elevated access can use the Public Portal to access information about their case online.

Parties must register for an account and then request elevated access. Once approved, they can see the case summary, scheduled hearings, and the documents filed in their case.

Requesting elevated access
Only parties in a case may request elevated access.

Step 1: Register for a Public Portal account.

Step 2: Complete and submit the E-Services Request for Case Party form. If you do not know your case number, contact the Information Center: 802-652-1900.

Step 3: Request "Elevated Access" in your case:

• Log in to the Public Portal
• Click the down arrow beside the person icon in the top right corner
• Select 'Request Access'
• Choose your role
• Complete the form and submit 

You will receive an email when your request for elevated access is approved. This could take several days. 

See the Public Portal User Guide for more information. Contact the Judiciary’s IT help desk for Public Portal technical support: itsupport@vtcourts.gov.