VISITATION PROBLEMS WHEN THERE ARE NO COURT ORDERS
When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent. The exception is if domestic violence is involved and a parent is in fear for their safety or the safety of the child(ren). In this case, a parent may flee with the child(ren) as long as they notify the District Attorney's Child Abduction Unit within ten days, and file the appropriate paperwork in the Superior Court Clerk's Office in a reasonable time period.

When there are no Court orders, it is lawful for a parent to allow contact/visitation only on a supervised basis and to not allow the visiting parent to remove the child(ren) from the home where the child(ren) is/are presently residing. If a parent obtains physical custody of a child and there is no concealment, that parent may retain the child until there is a Court order.

It is always best to file for custody orders whenever there is a separation or if the parents were never married and are not living together. This provides a clear order which can be enforced should problems arise in the future. Paternity and custody orders can be filed prior to a child's birth.