Skip to main content
Mary G. Commander
Avvo
Pro

Mary Commander’s Answers

1,183 total


  • My adopted son who will be 18 soon wants his bio mother to become his legal parent again? Will the court grant him this wish ?

    His adopted dad and I will pay for his legal fees since our adoptee does not want to be a part of our life anymore. We have discouraged him of this but this is what he and his bio mom wants. He plans to move in with her when he turn 18.

    Mary’s Answer

    Virginia does allow adult adoptions if certain criteria are met.

    See question 
  • I am about to get married to my fiancé and he wants to adopt my daughter who is now 1. my name is the only on BS what can i do?

    the bio dad was abusive, hasn't been there for any of her life yet, isn't involved in any way shape or form, so do i still need consent for adoption from him?

    Mary’s Answer

    Regardless of the circumstances, the birth father has to be given notice of the adoption. Thereafter, the court can determine whether his consent can be waived.

    See question 
  • VIRGINIA - pre-marital assets and inheritance off limits?

    If one spouse commits (provable) adultery is the court more likely to allow the other spouse to seek some of the pre-marital assets and inheritance or is it off limits no matter what?

    Mary’s Answer

    Pre-marital assets and inheritance that were kept separate remain separate property. Theses assets can be considered for support purposes, but they are not subject to division by the court.

    See question 
  • Step parent adoption without biological father's consent

    If the bio father of the child hasn't had any contact with the child 6 months prior to filing an adoption petition, Can his consent be waived by the judge so the adoption can proceed?

    Mary’s Answer

    • Selected as best answer

    Consent can be waived if you prove by clear and convincing evidence that the father, without good cause, has failed to have contact with the child for 6 months or more. This is by statute.

    See question 
  • Can a parent have residential custody while not living with the child?

    My step daughters father is in the navy. He and my wife have joint custody but he has residential. He will be leaving for sea for six months or better. Can he still maintain residential custody? Does the child's wishes take precedence even in the ...

    Mary’s Answer

    The father still would have physical custody unless there was an agreement otherwise or a court order. The child's wishes is one factor a court can consider.

    See question 
  • When does jurisdiction legally transfer?

    My wife and I live in Indiana. Her ex husband and daughter live in Virginia. The custody case has always been in Illinois as the father is in the navy and moves frequently. He just filed for jurisdiction in Virginia however he will likely be at se...

    Mary’s Answer

    The judges in the two states will need to confer to decide which will hear the case.

    See question 
  • How do one terminate their custodial rights to a 16 year old child

    Our sixteen old granddaughter lived with us since she was 13 years old. She fine us old and unverifiable and want to leave. She disrespects us in every way. She do not clean or wash dishes but do as she please. We can not give her any advice b...

    Mary’s Answer

    You can petition the court for relief from your custody order. If there is no other adult who comes forward to take custody, you are looking at her going into foster care,

    See question 
  • Does a Separation Agreement expire if you get back together again for a period, then decide that divorce is inevitable later on?

    We are in the process of a finalizing a separation agreement. Is this agreement legally binding for the rest of our lives in any event of a divorce at any time. Does a specific clause need to address this?

    Mary’s Answer

    Most Separation Agreements have a reconciliation clause in them.
    An Agreement is a contract that becomes a court order at the time of the divorce. It does not "expire".

    See question 
  • What agreement should be made in the event of divorce after you are married? We are currently separated & intend on m-counseling

    We are currently working on a separation agreement and have both obtained legal counsel. Neither attorney has mentioned a postnuptial agreement knowing that we intend on salvaging the marriage. One attorney said the intent of the divorce can't be ...

    Mary’s Answer

    Signing a Separation Agreement does not mean that you have to get divorced. Most such Agreements contain a reconciliation clause in the event that the parties get back together.

    See question 
  • I want to move out of state but can I with a cps case???

    The case is not against me but their father who alledge to abuse them..both children live with me and I have custody

    Mary’s Answer

    There is nothing preventing you from moving; however, if you want there to be an investigation completed, you need to stay in contact with CPS.

    See question