Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. Can I request an ad litem for my child, in regard to child support?

    Answered almost 3 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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  2. My fiancee wants to adopt my daughter. There is no birth father listed on her birth certificate. How do we do this?

    Answered over 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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  3. 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 over 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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  4. Protecting an inheritance with possible divorce looming

    Answered over 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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  5. Can a mother give custody of children to a family member while the father is deployed to Afghanistan without his consent?

    Answered over 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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  6. Must I file for divorce to receive spousal support if my husband moves out?

    Answered over 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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  7. Paying for the GAL in child custody case?

    Answered over 3 years ago.

    1. Mary G. Commander
    2. Brook Michael Thibault
    2 lawyer answers

    If your income is "very Low", the court could determine that it is not appropriate to assess any of the charge for the guardian ad litem against you. Assessment of the cost is done at the conclusion of the case. You do not need to file anything in advance, but you do need to advise the court of your financial situation. As always, documentation is helpful.

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  8. Child Support and Inheritance

    Answered over 3 years ago.

    1. Mary G. Commander
    2. Nicole L. Rossi
    3. Virginia C Haizlip
    3 lawyer answers

    An inheritance would not be "Shared" with your ex; however, the inheritance is income for child support purposes in the year it is received. If your ex learns of the inheritance, he/she can petition for an increase in child support.

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  9. What to expect in VA Beach Family Court?

    Answered over 3 years ago.

    1. Mary G. Commander
    2 lawyer answers

    The first hearing will be to determine whether the case is contested or not. If it is contested, a hearing will be set on a later date-several months in the future. The court will appoint a Guardian Ad Litem (lawyer for the child) and may order Home Studies of the parties' residences if living conditions are an issue. Psychological evaluations will not be ordered at the first hearing and in fact, are rarely ordered. If they are, the parties pay for them. The court also will divide the cost of...

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  10. I wish to vacate my adoption in Virginia in order to have my birth certificate of record show my natural birth father.

    Answered 28 days ago.

    1. Mary G. Commander
    2. Deborah Ann Johnson Wilson
    2 lawyer answers

    I am assuming that you are an adult. You can do an adult adoption upon the petition of your birth father.

    2 lawyers agreed with this answer