Skip to main content
Mary G. Commander
Avvo
Pro

Mary Commander’s Answers

1,183 total


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

    I cant get a clear answer from DCSE. I want to know how far in arrears does one have to be before your license is suspended? I have recently paid a big chunk towards my arrears and was hoping to reinstate my license. Could you please tell me what...

    Mary’s Answer

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

    See question 
  • Unwed father takes children from mother and moves to another state without establishing paternity custody through court

    Lived in Virginia, unmarried cohabitants, together f 4years, father decides to leave and without warning takes the children to north Carolina and denies the mother access to children and collect money from social services

    Mary’s Answer

    File for custody in the Juvenile and Domestic Relations District Court in Virginia immediately.

    See question 
  • How can I get my 2 adult sons out of my house.

    They pay nothing contribute nothing have friends in partying all hours. I refinanced my home and put them on the deed because I had remarried and my then husband wanted to take over my house and throw them out. Do I have any recourse? Im 60 and ca...

    Mary’s Answer

    By putting them on the deed, they have as much right to be there as you do.

    See question 
  • What services are available for the parent of a 16 y/o who constantly runs and threatens to runaway?

    The girl was adopted when she was about 8. Her biological family lives in Delaware. Two weeks ago, she ran again and somehow got to Delaware. The biological family does not want her. Her adoptive mom went to get her and brought her home and sh...

    Mary’s Answer

    Go to the Juvenile and Domestic Relations District Court and file a CHIN's Petition.

    See question 
  • Can a divorced mother give custody of her child to her mother and father without the ex-husbands consent in Virginia?

    A man and women get married in Virginia. They then have a child. Then after six years of marriage they get a divorce. The child is about one or two years old when they get the divorce. The woman gets custody of the child. After a couple of ye...

    Mary’s Answer

    In order to get a custody order from the court, notice must be given to the father.

    See question 
  • If my wife has full custody can she take me son out of state even though I filed for joint legal and visitation?

    I was in prison when she divorced me and she obtained full custody. I filed for joint legal and visitation and she refuses to let me see my son. She plans on taking a trip to California and im scared he wont be coming back. Is there anyway to stop...

    Mary’s Answer

    Filing for custody and/or visitation does not give you any rights. You need a court order. If they are just going on a trip to California, it is doubtful that a court would stop the child from going. IF she did not return, the court could deal with that circumstance when it happens.

    See question 
  • How can i get my husband to adopt my son because his biological father hasnt been in his life since he was born?

    its been four years and the biological father has yet to make any kind of effort to do anything but yet he says he will not sign papers for anybody to adopt him. i dont understand i have sole physical custody . how does he still have the right to ...

    Mary’s Answer

    He can be served with Notice of the proposed adoption. If he appears to contest the adoption, the court can enter an Order over his objection if certain criteria are met. You need to consult with an adoption attorney to discuss this in detail.

    See question 
  • I was granted physical custody of my kids in January 14. My ex asked for another trial.

    My ex wife fled the state with my daughters,this past summer and I was granted custody. We are going back to court in July, because she still wants to fight it. Now she has relocated here to Virginia Beach, with her fiancée who is on parole from p...

    Mary’s Answer

    I am assuming that your ex-wife appealed the Order, as opposed to filing a new petition for custody. If so, the trial in the Circuit Court will be a completely new trial (trial de novo). All of the evidence, (including anything that has happened since the first trial) will have to be presented to a new judge. Her relocation to Virginia Beach would be a significant factor. The fiancé could be a significant factor depending on his criminal history (What was he convicted of? When?) and whether they are living together.

    See question 
  • My husband and I are working overseas and are separated. How can I file for a Legal Separation while overseas?

    I joined by husband in Kuwait in 2008 after a very stressful 2007. We both lost a total of seven family members that year including our Mothers. We've been married since 1994 and for the most part it was a good marriage. Things happened like th...

    Mary’s Answer

    You do not file in court for a Legal Separation. You can sign a Separation Agreement, however. This Agreement will set forth the terms that will be incorporated into your Final Decree of Divorce. These are signed long distance on a regular basis.
    The separation period is one year unless you have a written Agreement and no children under the age of 18. In that case, the separation period is 6 months. After the separation period, either party can file for divorce.

    See question 
  • Father refused to respond to support mediator. What now?

    I have child support court coming up. My child's father would not answer our appointed mediators phone calls, voice messages or text messages. She turned in to the court that he was unresponsive. Our court date is next week. What happens now?

    Mary’s Answer

    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.

    See question