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Mary G. Commander

Mary Commander’s Answers

1,183 total


  • How do I get a paternity test

    I am paying child support for a child and I don't believe I am the father

    Mary’s Answer

    You can file a petition in the Juvenile and Domestic Relations District Court seeking to establish or disestablish paternity.

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  • Does VA have jurisdiction over me (summoned to court)if I'm the custodial parent currently residing in Florida with child?

    I was currently summoned to court in the state of VA because my sons(7yrs old) father wants to get a reduction in child support. I'm confused as to why do I have to appear in court to provide my LES, child care cost, health care cost, and other co...

    Mary’s Answer

    You can file a written request with the court to appear by telephone, but it is up to the judge whether to grant the request. You also can request a continuance until the child is out of school.

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  • What type of lawyer should I seek for ,I would like to file an appeal for the child custody case.

    Appellate Practice Lawyers or family child custody lawyers ,please advice and what fees should I expect if it a flat rate.

    Mary’s Answer

    Is this an appeal from the Juvenile and Domestic Relations District Court to the Circuit Court? If so, you probably want a Child Custody lawyer. Appellate lawyers generally handle cases in the Court of Appeals and Supreme Court.

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  • Is a signed separation agreement valid?

    My wife and I have been separated for a year and a half and have a signed separation agreement. I sent her the bill of waivers and instead of signing her attorney filed an answer which now makes this a contested divorce. Will the signed separation...

    Mary’s Answer

    A Separation Agreement is a legal contact, so it is subject to all legal defenses to a contract. If there is a valid defense to the contract, then it may be held by the court to be invalid.

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  • I have full physical custody of my daughter, how can i change her lastname without the consent of her biological father?

    The biological father gives $400 per month through direct deposit but he hasn't seen her for a year. He does not have a relationship with my daughter, and my daughter is not comfortable around him. He gave up his custody (in our settlement agreeme...

    Mary’s Answer

    He did not give up his parental rights when he agreed that you would have custody. That can be done in an adoption. You can do a name change either with his consent or by serving Notice on him of your intent to change the child's name.

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  • Hi I have a child support case in a couple days and im waiting for my school loan check. I need a continuance.

    Behind on child support payments and waiting for my financial aid and tax money.

    Mary’s Answer

    Go to court and ask the judge for a continuance. Explain your circumstances.

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  • My Husband filed for divorce and has left the home, can he come take everything?

    My husband left over a month ago and today sent an email that he is coming to get his stuff, he has filed for divorce, and I told him he can't take anything, as the paperwork says judge has to split the property. He then stated he can come take e...

    Mary’s Answer

    At this point, there are no court orders. This means that either of you can take whatever you want. You may have to account for it later however. You can go to court and get an Order keeping him from disposing of marital property.

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  • I have full custody of my grandchild as the parents went to prison for robbery. Moms out and dad will be in a month.

    They were also charged with level 2 child abuse. My question is since there are no provisions for visitation, (Due to the fact they were in prison) What are my rights as to making decisions regarding visitation. Can I keep her from them if the sit...

    Mary’s Answer

    Having custody does not give you the right to add the father to the birth certificate. It does give you the right to determine what visitation to permit without a visitation order.

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  • How can child support be changed? and will the custodial parent be informed.also is a lawyer needed

    my husband was paying child support for 2 children one being a disabled adult .according to our divorce decree his obligation for the adult child ended this month. can he just cut the support in half or does to ask for a reduction or modification...

    Mary’s Answer

    Unless the decree provides separate amounts for each child (which would be unusual), he has to return to court to have support recalculated, and a new Order entered. He would file a Motion to Amend support.

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  • My 13 yr old daughter is unhappy living with her mother who is abusive towards her and no one will believe her and we are in va

    My daughter whos 13 wants to come live with me, the conditions at her moms house are unreal, she is made to watch and take care of 3 younger children under the age of 8 while the parents are away for hours at a time, her mom is very abusive toward...

    Mary’s Answer

    You can file a petition for custody in the Juvenile and Domestic Relations
    District Court. The wishes of the child is one of the factors that the court can consider in making a custody determination. The court also will appoint a Guardian Ad Litem to serve as an attorney for the child. That attorney will conduct an investigation and will make a report to the court.

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