DeSantis v. Pegues

Summary

The Vermont Supreme Court reviewed a family court order denying a father's motion to reinstate parent-child contact after he voluntarily suspended visitation following allegations of sexual abuse. The court held that a finding of sexual abuse by a preponderance of the evidence could support review of a modification of contact, but could not support an order that effectively terminated all parent-child contact without clear and convincing evidence. The court reversed and remanded, while upholding the family court's use of the best-interests-of-the-child standard.

Holdings

1. The family court's finding that father sexually abused the child by a preponderance of the evidence was supported by the record and was not clearly erroneous.
2. A finding of sexual abuse by a preponderance of the evidence is insufficient to support an order that effectively terminates all parent-child contact; clear and convincing evidence is required before visitation may be entirely terminated.
3. The family court properly applied the best-interests-of-the-child standard when determining what level of renewed parent-child contact should be ordered.

Questions Presented

1. Whether sufficient evidence supported the family court's factual finding that father sexually abused the child by a preponderance of the evidence.
2. Whether the family court's conditions on future contact effectively terminated father's parental rights without clear and convincing evidence.
3. Whether the family court properly applied the best-interests-of-the-child standard when considering father's motion to dissolve the voluntary suspension of parent-child contact.

Disposition

reversed_and_remanded