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Terms Used In Vermont Statutes Title 15 Sec. 1072

  • Child: means an individual who has not attained 18 years of age. See
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See
  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Initial determination: means the first child custody determination concerning a particular child. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See
  • Person acting as a parent: means a person, other than a parent, who:

  • State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See

§ 1072. Exclusive; continuing jurisdiction

(a) Except as otherwise provided in section 1074 of this title, a Vermont court that has made a child custody determination consistent with section 1071 or 1073 of this title has exclusive, continuing jurisdiction over the determination until:

(1) a Vermont court determines that neither the child nor the child and one parent nor the child and a person acting as a parent have a significant connection with Vermont, and that substantial evidence is no longer available in Vermont concerning the child’s care, protection, training, and personal relationships; or

(2) a Vermont court or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not currently reside in Vermont.

(b) A Vermont court that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 1071 of this title. (Added 2011, No. 29, § 1.)