Supreme Court of Vermont

Ellen Adams Cabot v. Thomas D. Cabot, III

May 23, 1997166 Vt. 485

Summary

The court affirmed nearly all aspects of the divorce judgment but reversed and remanded the parental-rights order because the family court lacked authority to impose joint legal parental rights and responsibilities without the parents' agreement. The court upheld the award of primary physical responsibility to Ellen, the marital-property valuation and division, and the denial of maintenance, concluding that the family court's findings and discretionary decisions were adequately supported. Justice Morse concurred to emphasize that limited responsibility for specific matters may still be assigned to a noncustodial parent, while Judge Skoglund dissented from the joint-legal-responsibility ruling and would have affirmed the order in its entirety.