Vermont Statutes Title 15 Sec. 206
Terms Used In Vermont Statutes Title 15 Sec. 206
- child: as used in this subchapter , shall mean a child who is under the age of 18 years, or is under the age of 21 years and is a student regularly attending a school, college or university or their equivalent, or is regularly attending a course of vocational or technical training designed to fit him for gainful employment, and shall include a "stepchild" under such age. See
- Conviction: A judgement of guilt against a criminal defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
§ 206. Proceedings on failure to comply
If the court is satisfied by information and due proof under oath that the respondent has violated the terms of such order, it may forthwith proceed with the trial of the respondent under the original charge, or sentence him or her under the original conviction or enforce the suspended sentence, as the case may be. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered, in the discretion of the court, may be paid in whole or in part to the spouse or to the guardian, custodian or trustee of the child, or to a parent or his or her guardian. (Amended 1973, No. 201 (Adj. Sess.), § 6.)
Vermont Statutes Title 15 Sec. 206
Terms Used In Vermont Statutes Title 15 Sec. 206
- Child: means a person of any age whose parentage may be determined under this title. See
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Parent: means a person who has established parentage that meets the requirements of this title. See
- Parentage: means the legal relationship between a child and a parent as established under this title. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
§ 206. Adjudicating competing claims of parentage
(a) Competing claims of parentage. Except as otherwise provided in section 616 of this title, in a proceeding to adjudicate competing claims of parentage or challenges to a child‘s parentage by two or more persons, the court shall adjudicate parentage in the best interests of the child, based on the following factors:
(1) the age of the child;
(2) the length of time during which each person assumed the role of parent of the child;
(3) the nature of the relationship between the child and each person;
(4) the harm to the child if the relationship between the child and each person is not recognized;
(5) the basis for each person’s claim to parentage of the child; and
(6) other equitable factors arising from the disruption of the relationship between the child and each person or the likelihood of other harm to the child.
(b) Preservation of parent-child relationship. Consistent with the establishment of parentage under this chapter, a court may determine that a child has more than two parents if the court finds that it is in the best interests of the child to do so. A finding of best interests of the child under this subsection does not require a finding of unfitness of any parent or person seeking an adjudication of parentage. (Added 2017, No. 162 (Adj. Sess.), § 1.)