Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. How can i get my children back? I live in va there in sc.

    Answered over 2 years ago.

    1. Mary G. Commander
    2. Jennifer E Mandell
    3. David Alexander Browde
    3 lawyer answers

    You would file a petition for custody in the Juvenile and Domestic Relations District Court where the children are.

    3 lawyers agreed with this answer

  2. My husband and I have been living in the same home but seperately for almost two years, no sex, is it ok to date.

    Answered over 4 years ago.

    1. Samuel J Kuzma
    2. Mary G. Commander
    2 lawyer answers

    Neither can "throw" the other out of the house. In Virginia, however, you still are legally married and adultery still is a crime so your "dating" could be a criminal offense and certainly grounds for divorce. Since the two of you are living like this anyway, it would seem prudent to discuss the terms of an uncontested divorce and the legal dissolution of the marriage.

    6 people marked this answer as helpful

  3. Can you file an emergency change in custody if the child's health is being ignored?

    Answered about 3 years ago.

    1. Mary G. Commander
    2. Michael Christopher Miller
    2 lawyer answers

    That would be a basis for changing custody, but I doubt that the court would find that it constitutes an emergency.

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  4. What can I do to rcv a certified copy of the divorce order if the courts are saying the order was presented, but not entered?

    Answered about 3 years ago.

    1. Mary G. Commander
    2. Mary Elizabeth Milek
    3. Robert Ricci
    3 lawyer answers

    If the Order was never entered then there is no Order. If it was "presented", but not "entered" and it is in Virginia Beach where Orders are routinely rejected for various perceived problems, it is likely that there was some issue with the Order that needed to be corrected before the judge would enter it. You can go to the Clerk's Office and review the file. A phone call will not tell you much.

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  5. Will I get arrested for going to get my daughter?

    Answered 7 months ago.

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

    If there is no custody order in effect, then you legally are able to go get her. Whether that will have a positive or a negative effect will depend on all of the circumstances and the judge who hears the case. As with all child custody matters, you and the father should make every effort to resolve this, either through direct communication or mediation.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can my ex relocate our children to another country without my approval? The fear is that she will do so while I am deployed.

    Answered 7 months ago.

    1. Mary G. Commander
    2. Deborah Ann Johnson Wilson
    3. Kevin Reese Pettrey
    3 lawyer answers

    If she has given the statutory notice of a planned relocation, you need to go to the court that has jurisdiction and file a Petition for Custody based on this change of circumstances.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can an unpublished opinion from the Court of Appeals of Virginia be cited in a Juvenile and Domestic Relations case?

    Answered over 1 year ago.

    1. Michael Christopher Miller
    2. Mary G. Commander
    3. Regina Powers Hunter
    3 lawyer answers

    You can reference it. It will be up to the judge to determine how much weight to give to it. The court can use the reasoning in the case to support its decision.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My ex was arrested for DUI and my son was in the car, can I seek full custody and supervised visitation?

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. Michael David Thomas
    2 lawyer answers

    You can make that request. A more common Order by the court would be that he abstain from the use of alcohol immediately before he has the child and while he has the child with him..

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I request an ad litem for my child, in regard to child support?

    Answered over 2 years ago.

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

    You are not going to get a Guardian Ad Litem on a support appeal in the Virginia Beach Circuit Court. Have you contacted Tidewater Legal Aid to see whether you might qualify for their no-cost legal services for yourself?

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  10. My fiancee wants to adopt my daughter. There is no birth father listed on her birth certificate. How do we do this?

    Answered about 3 years ago.

    1. Mary G. Commander
    2. Susan Leslie Fraser
    2 lawyer answers

    Your fiancee cannot adopt your daughter if you are not married to him unless this is a situation (which I feel certain it is not) in which you are giving up your parental rights, and the fiancee would be the sole parent. Courts let single people adopt every day of the week, so that is not the problem. The problem is that two unrelated people-which is what you and your fiance are- cannot be the parties to an adoption. After a marriage, there is a process for step-parent adoptions set forth in...

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