A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Vermont Stipulation Regarding Joint Custody of Children refers to the legal arrangement made by the state of Vermont when parents separate or divorce, granting shared responsibility and decision-making authority for their children. Joint custody focuses on promoting the best interests of the child or children involved, ensuring balanced involvement from both parents in important matters concerning their upbringing. This Vermont stipulation recognizes that it is beneficial for children to maintain a strong and meaningful relationship with both parents, even after separation. It aims to create a supportive and stable environment where both parents are actively involved in raising their children, sharing parental responsibilities and making important decisions collaboratively. Under the Vermont Stipulation Regarding Joint Custody of Children, there are two primary types of joint custody: 1. Joint Legal Custody: This type of custody grants both parents equal rights and responsibilities regarding decision-making for the child's well-being. Parents with joint legal custody are expected to consult and agree on significant matters such as education, healthcare, religious upbringing, extracurricular activities, and other important decisions that impact the child's life. 2. Joint Physical Custody: In this arrangement, the child spends substantial time living with both parents, providing them with roughly equal parenting time. Joint physical custody allows the child to have frequent and meaningful contact with each parent to strengthen the parent-child relationship. This type of custody involves creating a schedule and routine that satisfies the child's best interests while considering various factors such as the child's age, proximity of parents' residences, and the ability to cooperate between the parents. It is important to note that the Vermont Stipulation Regarding Joint Custody of Children emphasizes the importance of co-parenting and effective communication between parents. The stipulation encourages parents to work amicably and cooperatively when conflicts arise, dedicating their efforts to resolve disputes without causing distress to the child. In situations where parents struggle to reach an agreement, the court may intervene and make decisions based on the child's best interests. Overall, the Vermont Stipulation Regarding Joint Custody of Children aims to provide a framework that supports and promotes the involvement of both parents in their child's life while prioritizing the child's welfare and best interests. By implementing joint legal and physical custody arrangements, Vermont seeks to provide a nurturing and loving environment where children can thrive and maintain a strong bond with both parents.
