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Mary G. Commander

Mary Commander’s Answers

1,183 total


  • How do I get a continuance on a custody case for Tuesday to obtain legal representation?

    Court is Tuesday and we need a lawyer but can't get one till right after that date. Please help.

    Mary’s Answer

    You will have to appear on the court date and ask the judge to continue the case so that you can have an attorney present to represent you.

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  • Will I get arrested for going to get my daughter?

    Me and my ex are going to court for joint custody for our daughter next month. And we only had a verbal agreement that she would stay with him until I came back from deployment. She is in preschool in Washington, DC where her father is. Is it in m...

    Mary’s Answer

    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.

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  • Can I claim paternity? I'm not the biological dad.

    Ex-girlfriend gave birth and was put in jail when child was an infant. I have taken full care of her for the past 4 years (her whole life). Mother has always had a drug problem and now has a court date on Feb 10 for heroin charge. Can I file a pet...

    Mary’s Answer

    If you are not the biological father (and I assume that you and/or your girlfriend do not plan to tell the court that you are), then you cannot be put on the birth certificate or establish paternity. If there is still an existing custody order, you can use that. It is doubtful that the child will be placed in foster care if you are available and assume custody.

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  • Can I obtain an EPO for my children?

    My children come to visits with bruises (grab marks) on their arms. CPS has been contacted a few times in the past, but nothing was really done. If my children come again with a bruise, I'm going to take them to a peds ER where they have forensics...

    Mary’s Answer

    I expect that in the case of bruises only, the magistrate will not issue an EPO and will refer you to CPS. You always have the option of filing for custody if you believe that your children are being abused by the other parent.

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  • Can i sign my rights over for my children?

    my kids mother wont allow me to see my children and constantly have me put in jail when i try to be apart of their life

    Mary’s Answer

    There is not a process whereby you just sign away your rights except in the case of an adoption. If the mother marries and the step-father wants to adopt, then your rights (and obligations) can be terminated..

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  • Can Ex-Wife file a Rule to Show Cause for a matter that is under appeal?

    I moved circuit court to update support. We only argued about spousal support as my ex's income went way up. Modification of spousal support was denied. The Final Order says that both spousal AND child support was denied. We never argued child...

    Mary’s Answer

    I understand that you appealed the first case. Did you also appeal the second? I ask because the sanction imposition was in a new filing and could be appealed.
    The Circuit Court can stay its Orders, but it loses jurisdiction over the case 21 days after the Order was entered. Courts also rarely do this, especially in support cases.
    Also, while an appeal is pending the other party can file a Show Cause if you do not comply with the Order.

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  • I had a domestic assault and battery I was given probation and fresh start classes i completed all requirements

    facts sufficent to find guilt but deffered for 24 months ,afterwards my charges were dismissed with prejudice ,does that clear me of charges and any guilt finding

    Mary’s Answer

    There will still be a record of the charge, but you will not have a conviction.

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  • Can I file for motion to get full custody?

    Me and my son father has shared custody but my child is with his grandmother more than his dad. I provide everything for my child while his dad doesn't, will I be able to take him back to court?

    Mary’s Answer

    Custody can be reviewed when there is a material change of circumstances since the entry of the last Order. Whether these facts would constitute such a change would be for the trial court to determine.

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  • Statement Under Oath

    Ex Made a statement under Oath that he was unpaid for 1 year and escaped Child support. He being on non immigrant Visa and unpaid (if he was) puts him out of status. He either lied to escape child support or was actually out of status. The case wa...

    Mary’s Answer

    The issue should have been raised at the time. It is too late now to raise it with the court.

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  • Adoption

    Does the step parent and parent file for a step parent adoption or can the parent who's releasing rights do the filing? Also. How do you end child support and health insurance for that child once the process is complete?

    Mary’s Answer

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

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