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Mary G. Commander

Mary Commander’s Answers

1,183 total


  • How should I file for adoption of my niece?

    The local DSS took her from her parents and placed her with me. I have had full legal custody of her from birth.

    Mary’s Answer

    • Selected as best answer

    The rules are different if you are a close family member and the child has been with you for 3 years. In that case, you would not need a home study.

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  • Signing of parental rights eligibility!?

    Five years ago, my wife and I were trying to file for full custody of my then 8 year old daughter. When her mother learned of this, I was hit with child molestation charges. For five years we fought, and I was found innocent. We have consulted wit...

    Mary’s Answer

    Unless the mother has married and her new husband wants to adopt the child, there is no way for you to sign away your parental rights.

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  • How can i avoid having to testify against my boyfriend in a domestic violence case, if i marry him before we go to court

    Will marrying him prevent me from having to testify against him

    Mary’s Answer

    Marrying him will not prevent you from having to testify. If you want to drop the charges you should discuss this with the Commonwealth's Attorney who is prosecuting the case. Depending on the nature of the case and your boyfriend's past record, they may be willing to dismiss the case or consider having the court take a finding under advisement.

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  • Virginia- My husband wants to give up parental rights to avoid paying support, can he? We have no court orders yet.

    My husband has abandoned me and our child in the middle of the night about a year ago, he moved in with another woman. I found out he was stealing money from his employer to support his 'habits'. It took me a year to find him. He used to make si...

    Mary’s Answer

    Unless you remarry at some later date and your new spouse wants to adopt, there is no process for him to terminate his parental rights.

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  • In Virginia can a mother give her newborn baby out of wedlock the fathers last name without him signing the birth certificate?

    The father is married to another woman.

    Mary’s Answer

    You can name a child any name that you want.

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  • My husband had an affiar a with a married woman and he signed the birth certificate. the woman is still legally married

    the woman told the ppl @ the hospital she was separated when she is not. my husband doesnt want to be apart of any fraud. the woman is telling him that dcs cannot know that she is married and there is no legal paternity test on file.......what d...

    Mary’s Answer

    Even if you are "separated" in Virginia, you are legally married, and any child born during the marriage is presumed to be the child of the husband,

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  • Can my wife take my kids out of town

    My wife left me Jan 24 and i havent sean my kids in 54 days and i talk to them everynight and then last night her mom told me that my wife and kids went out of town is that right

    Mary’s Answer

    There is no prohibition against removing the children from the area.

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  • I am trying to give the rights up for my girls in norfolk va what do i do

    i cant see them she dont want me in there life has a man the call daddy i am done fighting

    Mary’s Answer

    There is no process for giving up your rights unless the mother marries and her new husband wishes to adopt the children.

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  • Guidance on responding to interrogatories in custody case.

    I am the petitioner. I have been mailed a set of interrogatories and request for production of documents. Child support has not been petitioned by either party, but yet I am being asked for W-2, bank accounts, phone numbers/address/etc of accounts...

    Mary’s Answer

    The information still could be relevant, as the information could be used on the issue of the nature of your employment, place of employment, work hours or the like. You could object, but a court ultimately could order production.

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  • Can my spouse report our child as kidnapped if I her mother have her?

    Can my husband report me for kidnapping if I have taken our child and left the state with her for our safety? No reports have ever been made of his violent acts. We have joint custody since neither one of us has filed for sole custody yet. I plain...

    Mary’s Answer

    If there is a custody order, you are required to give 30 days advance notice of a proposed relocation. Also if there is a custody order and you take the child away and interfere with that Oder you can be charged criminally for interfering with that Order. If there is no Order, you are free to move without prior notice.

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