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Mary G. Commander

Mary Commander’s Answers

1,183 total


  • Can my son get custody of his daughter if the mother neglects to ever have taken her to the dentist and 8 of her teeth had to be

    my son pays 1800 a month and have never been late with child support payments. his daughter kept complaining her mouth was hurting she is 6 years old. she was taken to the dentist and 6 of her teeth were pulled due to cavities . the mother continu...

    Mary’s Answer

    Certainly dental neglect can be considered by the court in making custody decisions. That alone, however, would not usually provide a sufficient basis for a change of custody.

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  • Child support imputed income - rent savings ?

    If my child's father moved in with a new girlfriend (in DC) and helps pay her government subsidized reduced rent, can I ask the court (VA) to impute the savings in rent to him as income?

    Mary’s Answer

    For child support purposes, only income, not living expenses, would be considered. So this situation that you describe would not be a basis for imputing income. If he had a job which gave him lodging in lieu of pay, that could be used to impute income.

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  • When can i file for custody of my unborn child?

    the mother is a danger to herself and her other child with no job or established residence

    Mary’s Answer

    The child must be born before you can file for custody.

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  • Reasonable visitation

    If one parent has sole custody and the non custodial parent was given non specific visitation of reasonable visitation what does that mean? Who decides what is considered reasonable. The custodial parent interferes with the non custodial parents t...

    Mary’s Answer

    Courts hope that the parties can agree on a visitation schedule without the need for a judge to put one in place. If you cannot agree, you can go to court and ask for specified visitation. Until then, the custodial parent decides what is reasonable.

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  • Can an ex file a meritorious show cause in order to attempt to modify a custody arrangement?

    My former significant other has remarried . Her new husband has a year old child . My ex wants me to switch weekends because she claims it would be best for our son to be with this 7 year old . ( in reality she wants a free weekend with her hu...

    Mary’s Answer

    Most judges do deem a marriage as a change of circumstances. That would get the matter before a judge on a Motion to Amend the visitation. That would ne the proper place to determine the issue. A Show Cause hearing is designed to punish someone for violation of an existing Order, not to change the Order. The Show Cause proceeding should not lead to a visitation schedule change.

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  • Ex not exercising any visitation, what can I do?

    No formal custody arrangement . I have child 9 of the time and have been completely open to Ex spending time with child . We've been trying to keep visits open and flexible to work for what's best for child . Settled on every other weekend - d...

    Mary’s Answer

    You cannot require someone to exercise visitation. You certainly hope that they will want to be with the children, but you do not want them there if they are not wanted and may not be cared for properly.

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  • How can I file with the court to have a divorce case reopened.

    I went to court in November , and the judge granted my divorce and the decree was filed . However , I found out it was withheld from me that my husband died in October , making the divorce " void " because You cannot divorce a deceased perso...

    Mary’s Answer

    You can file a motion to have the case reinstated to the docket and once it is back as an active case, you would ask that the Final Decree of Divorce be vacated and the case dismissed.

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  • Can I sue a Court appointed Co-Parent Counselor for threatening me?

    My ex and I were Ordered by the Court to attend Co-Parent counseling. During trial at the Circuit Court level this man testified and completely lied. This man made false claims I was not being cooperative, etc. During trial I asked him question...

    Mary’s Answer

    If there was inappropriate conduct, you may want to consider filing a complaint with the licensing agency for the counselor, for example, the Board of Medicine.

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  • My PSA stipulates that the marital residence be refinanced or sold in 6 months of it being entered into court record

    It has been well over a year and a half and my wife has yet to submit it to the court or her attorney. Is there anything I can do to see that it is done immediately? It has been signed and notarized already. I am on the mortgage and just want my n...

    Mary’s Answer

    You can file to have the Agreement enforced as a contract and sue her for breach of contract or file for divorce or file to have the Agreement made into a court order and then enforced using the contempt power of the court.

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  • Virginia DSCE Question

    My divorce is final (90+ days past the decree date). Per the decree I was ordered to pay my ex-spouse child support via check, which I had been doing. All of a sudden I get a notice from DSCE stating that I have to pay them. This was due to the...

    Mary’s Answer

    YES. Either of you can request payment throught DCSE.

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