Skip to main content
Marakay Jessica Rogers

Marakay Rogers’s Answers

42 total

  • If a company refuses a payment does that make the debt moot?

    I have been amking a payment on a debt of $5 for over a year. now that I am in a federally funded program and recieve a small stiphend,. The company has decided that they will no longer accept my payment of $5, I have been asked because I get this...

    Marakay’s Answer

    The other posters are quite correct. It's unfortunate that you are in a situation in which you can't pay even though you're in a funded program; many people are in the same situation. You don't list the size of the debt, but if the size of the debt is larger than the amount it would cost to collect it, this well may go into collection. (On the other hand, I've had a client whose old phone bill debt of over $700.00 has just had an offer from the collection agency to settle the entire matter for $25.00, so going into collection is not always something to fear. If you're not working on credit repair at the moment, you might eventually come out ahead.)

    See question 
  • Can a person be charged with drug possession when there was never an arrest? They admitted taking it after the fact.

    The police filed the charges after a parent called to have their child scared.

    Marakay’s Answer

    For most crimes, a person does not need to be arrested in order to be charged. Whether there is any merit to the charge is another question; however, it is a common practice to charge someone who is believed to have committed a crime without making an arrest. An arrest is only made if it is believed by the police officer that it is necessary to take the person into custody for some reason. If the charge is simple possession (without intent to deliver) a citation might be issued at the time or even sent out later, without an arrest.

    See question 
  • I'm I going get kicked out?

    I'm going through a divorce and my wife just filed a MOTION FOR EXCLUSIVE USE OF PREMISES. She picked up and left with the kids last year in july and tried to file in a different state. I got a court order to go get my son and bring him back to hi...

    Marakay’s Answer

    Can she? It's possible, but there's much more to know in order to determine what would actually happen here. If this was the marital residence, it does not matter if yours is the only name on the deed. If you don't have an attorney, see one immediately. Motions for exclusive use are serious matters.

    See question 
  • 18 years old son will be father.

    My son is 18 years old and will be a father (baby expected on Oct 2011). He is not working cause is pursuing his high school diploma. Expected graduation date is Dec. 2011. My questions is: Do I have to pay child support for him while he is not wo...

    Marakay’s Answer

    The general rule for child support is that it is paid until your child turns 18 or graduates from high school. If you are currently paying child support for your son, you can be expected to do so until he graduates. If there is not a child support order at this time, it is unlikely that one will be requested at this point. You do not owe any child support for your grandchild when your grandchild is born.

    See question 
  • Can a sheriff or cop ask you if you are on methadone? i get it at a hospital and have coffee in the cafe.

    the cop is asking people if they are on methadone, if he thinks you are he searches you and runs your name and is bruising peoples necks with choke holds. i know they are not suposed to ask you medical info. he thinks he can do what ever he wants...

    Marakay’s Answer

    Actually, police can ask questions regarding medical issues (presuming something has given them a reason to ask) -- it's your right however to refuse to answer them. Illegal searches or unnecessary force are a different question, however, and ones that would need more information than given here.

    See question 
  • What paperwork do I need to ask the court for a termination of parental rights?

    Can I get the form online to file a petition?

    Marakay’s Answer

    It depends upon your county. You'll need to do two things: file a stepparent adoption, and file for the termination of parental rights, which may be voluntary or involuntary. If the other parent is alive, their parental rights must be terminated so that a stepparent adoption can take place. All the forms you need may be on line in your county, or they may not. Check the county website. A voluntary termination, with agreement, will be much easier than involuntary. If you do not know where the other parent lives you will have to do a search so that they can have service of the papers on them.

    See question 
  • I have a support order but no custody order

    My ex and I went through domestics and he pays me child support and we had a verbal agreement that he can have the kids every other weekend. I've been finding out things like he is homeless, when he did have his house the kids were there on weeken...

    Marakay’s Answer

    It is possible to go through the custody process without an attorney although it's always better to have one. The necessary information you need will be at the Berks County Law Library, and you should be able to find the forms at the Prothonotary's Office or even on the county website.

    Legal Services, Inc. may be willing to help you prepare a custody petition, as well, and may be able to attend a custody conciliation conference for you, if you meet their income criteria. I don't know how backed up they may be.

    Many counties have bar association programs to help individuals with custody problems handle their own cases. Call your county bar association to check.

    See question 
  • Can i go to jail for texting a minor i met at work?

    I was at work as a tour guide and on the tour were two girls and one of them had her family with her. The tour went well and at the end of the tour the group filled out comment cards and left information. I noticed the girls had smiley faces on it...

    Marakay’s Answer

    Could you get in trouble? You can always be in trouble. Most states, and this includes TN, are employment at will states -- you can be fired at the discretion of the employer if there is no specific law preventing firing for that particular reason. Will you actually be charged with a crime as well? Probably not. It would be difficult to prove that your comment was intended to be a sexual come-on, or that you knew the girl was under the age of consent.

    See question 
  • My husband is a sex offender. HE lives in another state than my children and I. His probation officer refuses him to see his

    CHILDREN FOR 6 MONTHS OR MORE AT A TIME. SHE HAS THREATENED ME BY SAYING SHE DIDNT CARE ABOUT MY KIDS OR MY JOB. I'M TO TAKE OFF AND BE IN CHICAGO DURING WEEK WHEN I WORK. IF I DONT SHOW UP SHE WILL PUT HIM IN JAIL. WHAT CAN I DO ABOUT THIS? MY CH...

    Marakay’s Answer

    Any offender on parole has certain terms of parole he has to meet. When the person is a sex offender, there are often prohibitions on being in the same place as minors -- and that can include their own minor children. Unfortunately as you haven't specified his terms of probation (you may not know all of them yourself), it's difficult to answer this satisfactorily.

    See question 
  • Trying to adopt family member from VA to PA..

    Me and my wife are trying to figure out how to go about adopting her cousins 4 year old son. They live in Danville Virginia and we live in York PA. His wife left him with 4 kids and ran away to Texas, 4 kids is more than he can handle, and me an...

    Marakay’s Answer

    Adoption isn't the least expensive process, although it can be straightforward if the proper forms are filled out. Some attorneys in York will make payment arrangements on adoptions. A custody stipulation might be cheaper and is not difficult. The difference is that in adoption, you become the parents and your cousin would no longer be the legal parent of the children; if your cousin died, the children would not inherit. In custody, your cousin would still be the parent but you would have custodial rights.

    The problem is that your cousin's wife will also be part of whatever happens. If you try adoption, you might be able to win an involuntary termination of parental rights against her, while in custody, if she would not agree to a custody stipulation, you might wind up in a custody trial. You will have to find her new address under any circumstances, which is not always easy to do, as she must be served notice of any action taken.

    See question