§ 1042 - Modification of custody decree of another place - Vermont Statutes

§ 1042. Modification of custody decree of another place

(a) If a court of another state has made a custody decree, a court of this state shall not modify that decree; unless:

(1) it appears to the court of this state that the court which rendered the decree does not now have jurisdiction under jurisdictional prerequisites substantially in accordance with this chapter or has declined to assume jurisdiction to modify the decree; and

(2) the court of this state has jurisdiction.

(b) Unless required in the interest of the child, the court shall not modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody.

(c) If a court of this state is authorized under subsections (a) or (b) of this section to modify a custody decree of another state, it shall give due consideration to the transcript of the record and other documents of all previous proceedings submitted to it in accordance with section 1049 of this title. (Added 1979, No. 136 (Adj. Sess.), § 2.)