Palmer v. Palmer
In Palmer v. Palmer, 138 Vt. 412, 416 A.2d 143, 144 (Vt. 1980), the Supreme Court of Vermont declined to agree that because a fourteen-year-old child is allowed by statute to select their guardian, children fourteen and older must be allowed to voice their preference regarding custody and visitation.
The trial court refused to hear the desires of the fourteen and fifteen-year-old children. The Vermont Supreme Court held the trial court had not abused its discretion when the evidence supported the award of custody.
"The decision to allow a child to testify as to custody preference is in the trial court's discretion, and, absent a showing that it clearly abused its discretion, will not be placed in error." Id.