Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. Will I get arrested for going to get my daughter?

    Answered 3 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

  2. 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 3 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

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 Can an unpublished opinion from the Court of Appeals of Virginia be cited in a Juvenile and Domestic Relations case?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

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

    Answered over 1 year 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..

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

    Answered about 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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  6. My fiancee wants to adopt my daughter. There is no birth father listed on her birth certificate. How do we do this?

    Answered over 2 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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  7. My friend was divorced for a number of years. She has worked and purchased her home, 2 vehicles and everything in her home. She

    Answered almost 3 years ago.

    1. Mary G. Commander
    2. Mitchell Paul Goldstein
    2 lawyer answers

    If the car is titled in her name, she can go get it or hire a repo man to get it for her.

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  8. Protecting an inheritance with possible divorce looming

    Answered almost 3 years ago.

    1. Mary G. Commander
    2. Eliz C A Johnson
    2 lawyer answers

    I am assuming that the question is whether the assets of the estate could somehow become involved in the divorce and be claimed by the brother's wife. The answer is no. The inheritance is the brother's. The wife has no claim on it. Your husband's share absolutely is not at risk or involved in any manner.Even though there is no legal claim, your experience in real estate shows the very real problem that mortgage companies often require signatures from people who really have no interest in...

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  9. Can a mother give custody of children to a family member while the father is deployed to Afghanistan without his consent?

    Answered almost 3 years ago.

    1. Mary G. Commander
    2. Brook Michael Thibault
    3. Virginia C Haizlip
    3 lawyer answers

    The father has to be given notice.He has to be given an opportunity to be heard on the issue. If he is deployed and thus unable to appear in court, he can have the case continued pursuant to the Servicemembers Civil Relief Act.

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  10. Must I file for divorce to receive spousal support if my husband moves out?

    Answered about 3 years ago.

    1. Mary G. Commander
    2. Nicole L. Rossi
    2 lawyer answers

    Virginia has a dual court system with regard to spousal support. Both the Juvenile & Domestic Relations District Court (J&DR) and Circuit Court can award support. Only the Circuit Court can grant a divorce, however. If you do not want to file for divorce, you can file for support in the J&DR Court. Your husband could file for divorce and have the case put into the Circuit Court, however. A lawyer could explain the specifics of this to you. In the meantime, you certainly could file in the J&DR...

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