Common Issues in Child Custody Cases
January 11, 2022

Child custody cases are frequently complicated and can be highly emotional and stressful for everyone involved. Even when a case seems relatively straightforward at the beginning, it is not uncommon for disagreements to arise. To prevent, or at least mitigate, some of the emotional and financial damage often associated with child custody issues, it is critical to work with an experienced family lawyer and to familiarize yourself with issues that commonly arise in child custody cases.

 

A Parent Moves

 

The relocation of a parent can upend even the simplest custody case. This concern is especially prevalent in states with high percentages of non-native residents, like Vermont, where divorcing or separating parents are likely to have moved during the course of their relationship. After a divorce or separation, one parent may wish to return to their hometown, or relocate to a state where they haven’t built a life with their ex. If one parent has sole custody and the other parent has visitation rights, moving the child out of state can make visitation extremely difficult, if not impossible. But what if the move is really in the child’s best interests? When there is disagreement about a parent’s relocation in a child custody case, the court must grant permission to relocate.

 

The Parent with Sole Custody Creates Visitation Challenges for the Other Parent

 

It is common for one parent to disrupt visitation times as a sort of “penalty” for the other parent’s failures or perceived misjudgments, such as not paying child support or bringing the child around a new boyfriend or girlfriend. On the other hand, the parent with visitation may create a visitation disruption by failing to drop the child off on time or at the stipulated location. Visitation disruptions also apply to virtual visitation, such as phone or FaceTime calls. A common complaint occurs when one parent refuses to allow the child to speak to the other parent, which can happen for any number of reasons. When disruptions to the visitation schedule become problematic, parents may need to go to court to resolve the issue.

 

Decisions About How the Child is Raised

 

When a disagreement arises over the child’s education, sports, religious upbringing, travel, medical care, or relationships with other family members, the issue can quickly spiral into a serious problem. As such, it is critical to establish a comprehensive agreement about the child’s upbringing early on in the process. When appropriate, such issues are often best resolved through mediation. 

 

Contact Deppman Law PLC Today

 

If you are facing any of the issues above, or another matter related to child custody, the legal team at Deppman Law PLC can help. Our compassionate Middlebury family lawyers have helped countless Vermont families protect their emotional and financial wellbeing through divorce, separation, and child custody cases. We will review your case to determine the best legal strategy for your unique situation and remain by your side throughout the entire process. Contact Benj and Lesley at 802-388-6337 for a confidential consultation today.

 

 

 

 



June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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