Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. Is a temporary change of custody and visitation agreement that was notarized but, never filed in the courts binding?

    Answered almost 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    If there is a court order, the court order governs. The only thing that changes an order is another order.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. If temporary custody is awarded to my wife. How long do I have and when can I appeal this? Where is VA court of appreals?

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. John Weber III
    3. Timothy A. Provis
    3 lawyer answers

    You can only appeal FINAL orders, not ones that are TEMPORARY.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. How can i defend myself in a divorce hearing that is in another state then where i live?

    Answered almost 2 years ago.

    1. Mary G. Commander
    2. Rafael Schwimmer
    3. Matthew Thomas Majeski
    3 lawyer answers

    The answer also depends on what she is asking for in the divorce. If she is just asking that the marriage be dissolved and nothing more, there may be no need for an appearance. A consultation with an Indiana attorney can confirm this.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Does a biological father have rights if he has paternity testing done but is not on the birth certificate?

    Answered about 2 years ago.

    1. Mary G. Commander
    2. Benjamin Hale Carafiol
    3. Jennifer E Mandell
    3 lawyer answers

    Being listed on the birth certificate or not is not the mother's choice. The father can go to the Juvenile and Domestic Relations District Court and have paternity determined and then have Vital Records add him to the birth certificate. Even without being on the birth certificate, the father can petition the court for custody and/or visitation.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Does it matter WHO files for the divorce/separation? Does VA still require 6 month's separation before granting a divorce?

    Answered about 2 years ago.

    1. H. Eugene Oliver III
    2. John Howard Crouch
    3. Mary G. Commander
    3 lawyer answers

    You have to be separated in Virginia for one year unless you have a written Agreement. With such an Agreement, the waiting period is reduced to 6 months. The Agreement can and should provide an allocation of debts and assets and support. If you cannot agree, then a court will decide. It makes no difference which of you actually files for divorce,

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Is a parenting class required for TN/VA divorce?

    Answered about 2 years ago.

    1. Mary G. Commander
    2. Jennifer E Mandell
    3. Michael David Thomas
    3 lawyer answers

    The court requires parents in contested custody cases to attend an effects of divorce on children class. If it is not contested, the four hour class is not required.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. How fast could I go through a $3500 retainer at a rate of $350 per hour for a contested child custody case?

    Answered about 2 years ago.

    1. Mary G. Commander
    2. Adam Michael Carroll
    2 lawyer answers

    It is not possible to say with any kind of certainty what the total cost will be. That is why lawyers do the Retainer Fee (deposit against final cost) and hourly rate method. It depends on the time spent. Much of that time may be spent in the useless, but common, wait at the courthouse for your case even to be called to be heard. The ultimate time and cost often depend on the other party, the other party's lawyer and the judge. You have no control over these factors.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. How do I enforce a Separation agreement that has been signed by both parties WITHOUT filing for divorce?

    Answered over 2 years ago.

    1. Jennifer E Mandell
    2. Mary G. Commander
    2 lawyer answers

    File a petition for support in the Juvenile and Domestic Relations District Court.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. IS THERE ANY CHARGES I CAN BRING FOR EMOTIONALLY ABUSE HE HAS A HISTORY IN COURT FOR ABUSE ON FAMLY MEMBER

    Answered over 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    Your best option is to stop having contact with him.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. VA family law, termination of parental fathers rights

    Answered over 4 years ago.

    1. Mary G. Commander
    2. Michael E Hendrickson
    3 lawyer answers

    The decision whether to require supervised visitation is up to the judge and depends on whether the judge thinks that the child is at risk. The biological father does not "lose" rights. They can be terminated in an adoption, but not lost by not paying support. You can file for support through the court or the Division of Child Support Enforcement.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful