Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. 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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  2. 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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  3. 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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  4. 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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  5. How do I get a paternity test

    Answered about 2 months ago.

    1. Mary G. Commander
    2. Andrew Dennis Meyer
    2 lawyer answers

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

    2 lawyers agreed with this answer

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

    Answered 5 months ago.

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

    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.

    2 lawyers agreed with this answer

  7. Adoption

    Answered 6 months ago.

    1. Mary G. Commander
    1 lawyer answer

    The step-parent files the petition. After the child is adopted, the obligation to support the child ends.

    2 lawyers agreed with this answer

  8. What can I do!? My kids are not safe. HELP!

    Answered 6 months ago.

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

    If CPS has been unable or unwilling to take any action, then you are right to have filed a custody petition. You also are correct, however, that a judge is unlikely to move three children into your one bedroom apartment. This is the type of situation where a judge could look for other family members to care for the children, or even foster care, if you are unable to relocate and the father is found to be abusing the children.

    2 lawyers agreed with this answer

  9. How do I get my name legally on my sons birth certificate

    Answered 6 months ago.

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

    You can file to establish paternity in the Juvenile and Domestic Relations District Court where the child lives. Once that has been done, you can get a new birth certificate.

    2 lawyers agreed with this answer

  10. If a charge is nolle prosequi, can I use that against my Ex-wife in change of custody hearing.

    Answered 6 months ago.

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

    Charges that are nolle prossed would not be considered by the court. If you know the facts surrounding the incidents, then there can be testimony about what happened. This could be relevant, depending on the facts.

    2 lawyers agreed with this answer