Marakay Jessica Rogers’s Answers

Marakay Jessica Rogers

York Family Law Attorney.

Contributor Level 9
  1. Does the Chilld Protective Services still have rights to investigate if the charges were dropped?

    Answered over 3 years ago.

    1. Marakay Jessica Rogers
    1 lawyer answer

    CPS is a civil agency, not a criminal agency. It is not required to cease its own investigation just because criminal charges are dropped. There is a different set of investigative rules and a different standard of proof. You need only note how many parents have CPS involvement when there have been no criminal charges at all. It is a very uncomfortable situation, yes, but the caseworker does have authority to continue.

  2. Can I file for full custody if the father has been absent? PLEASE HELP!

    Answered over 3 years ago.

    1. Daniel Hernandez
    2. Marakay Jessica Rogers
    2 lawyer answers

    It doesn't matter that he's not on the birth certificate. However, courts are extremely leery of depriving a child of a parent, even if an absent one, and even one with a criminal record as long as it doesn't involve abuse. Fortunately, it's now become more difficult than in the past to take a child across a border without proven consent of the other parent than it once was, which gives you some protection -- but only if he uses a legal crossing point with authorities there. I gather you're...