Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. Does a biological father have rights if he has paternity testing done but is not on the birth certificate?

    Answered almost 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

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

    Answered almost 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

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

    Answered almost 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. When does jurisdiction legally transfer?

    Answered 20 days ago.

    1. Andrew Russell Page
    2. Mary G. Commander
    3. Liwu Hong
    3 lawyer answers

    The judges in the two states will need to confer to decide which will hear the case.

    1 lawyer agreed with this answer

  9. How far behind in child support do you have to be before your drivers license is suspended in Virginia?

    Answered 25 days ago.

    1. Mary G. Commander
    1 lawyer answer

    You must be at least $5000 behind in child support.

    1 lawyer agreed with this answer

  10. Father refused to respond to support mediator. What now?

    Answered 3 months ago.

    1. Mary G. Commander
    2. Sequitta Marilyn Leigh Banks
    2 lawyer answers

    The judge will decide the case without mediation, in all probability. Either party has the ability to opt out of mediation. In Virginia, courts use Child Support Guidelines to calculate child support. The judge must apply these guidelines except in extraordinary cases.

    1 lawyer agreed with this answer