Custody

The next step in the custody process is to have “preliminary” court dates. Preliminary means introductory or preparatory. These might have a different name in your state, such as “first appearance,” “status conference,” or something else. They are when certain issues can be dealt with in the early stages of the case. Some of the issues that might be dealt with are:

• problems with service of process;
• referrals to mediation;
• temporary custody and visitation orders; and
• pretrial motions.

During this stage, the judge will often give temporary custody and visitation orders that last while the case continues. In some cases, the judge may assign a guardian ad litem or an attorney for the child.

In Vermont family court cases, before parents meet with the judge, they will often have a “case management conference” led by the court’s case manager. The case manager can help you identify which issues you agree about and which issues you disagree about and need the judge to decide. S/he may try to help you reach an agreement on parental rights and responsibilities (custody), parent-child contact (visitation), child support, and related issues. However, you should not agree to something you are uncomfortable with. The case manager cannot make a final decision if you and the other parent disagree. Parents always have the right to appear before a judge.¹

If you are a victim of domestic violence, you can let the case manager know before your conference. The case manager can speak with you and the other parent separately, or take other steps to help keep you safe.¹ To find the contact information for your county’s family court (“division”), go to Vermont Courthouse Locations.

For more information to help you prepare for the preliminary court dates, go to The first appearance in our Before the Trial section. 

¹ You can find information about case management on the Vermont Judiciary’s Divorce Process page