Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. Not following separation agreement terms

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. Jennifer E Mandell
    2 lawyer answers

    You can schedule a hearing to have the contract (which is what the Agreement is) be made into a court Order and then have it enforced by contempt. You also no longer need to have court hearings for uncontested divorces. Virginia authorizes the use of Affidavits effective July 1, 2012. Your money would be well spent to consult with a lawyer.

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  2. I filed for child support last year when my son was 15, the court appointed lawyer for my son in NY says my son probably won't g

    Answered over 4 years ago.

    1. Mary G. Commander
    2. Virginia C Haizlip
    2 lawyer answers

    If the case is being heard in New York, then they are applying New York law. Under Virginia law, the court can award support from the date of filing forward. It cannot go back before the date of filing for support. The relationship between the parent and child, however, has no bearing on the duty to provide support.

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  3. How do I get a continuance on a custody case for Tuesday to obtain legal representation?

    Answered 10 months ago.

    1. Rixon Charles Rafter III
    2. Mary G. Commander
    3. David Paul Morgan
    3 lawyer answers

    You will have to appear on the court date and ask the judge to continue the case so that you can have an attorney present to represent you.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I had a domestic assault and battery I was given probation and fresh start classes i completed all requirements

    Answered 10 months ago.

    1. Michael Christopher Sprano
    2. Mary G. Commander
    3. David Joseph Dischley
    3 lawyer answers

    There will still be a record of the charge, but you will not have a conviction.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can my wife get spousal support if she moves out of the house while i am out of state and then be rewarded back child and spousa

    Answered about 2 years ago.

    1. Jennifer E Mandell
    2. Mary G. Commander
    2 lawyer answers

    Spousal support is based on a number of factors. Whether your wife left the house or let you talk to the child are not among the factors.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How can I change my son's last name?

    Answered over 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    You can petition the court to change the child's name. The father would be served with Notice, and he could appear in court and contest the name change or he may choose not to appear. If he does not object, a name change order will be entered.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What are the legal advantages and disadvantages of living together vs marriage?

    Answered over 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    From a legal perspective, the advantages of marriage often can be achieved through other means-but these means also require a "piece of paper'. Through marriage, you acquire inheritance rights. Most of that can be achieved with a Will, but Wills can be changed and even if a spouse tries to disinherit the other one, they still are entitled to one-third of the deceased's estate if they are not separated. A spouse is the one who makes the medical decisions when you cannot. This can be achieved...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I have primary custody of my child. Do I need permission from his father to travel internationally?

    Answered 10 months ago.

    1. Mary G. Commander
    2. Kevin Reese Pettrey
    2 lawyer answers

    Does your child already have a passport? If so, you do not need the other parent's consent. You would give the required notice of the trip. If he objected, the burden would be on him to ask the court to prevent the trip. Have you and the father considered going to mediation? This is the kind of issue that would be resolved best without the need for litigation, if possible.

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  9. How should I file for adoption of my niece?

    Answered over 1 year ago.

    1. Mary G. Commander
    2. Anneshia Miller Grant
    2 lawyer answers

    The rules are different if you are a close family member and the child has been with you for 3 years. In that case, you would not need a home study.

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  10. How can my friend who is going thru a messy divorce protect her mental health records from her ex-partners lawyer ?

    Answered about 2 years ago.

    1. Mary G. Commander
    2. Daniel Seth Williams
    2 lawyer answers

    If custody is at issue in a divorce case then the mental and physical condition of the parties are statutory factors that must be considered by the court. For a very brief period, there was a statute in Virginia that made mental health records exempt from disclosure in such situations. That is no longer the case, and the situation is as it always has been. The records can be subpoenaed and a court will compel their production if there is a custody issue.

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