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Marakay Jessica Rogers

Marakay Rogers’s Answers

42 total

  • Does the Chilld Protective Services still have rights to investigate if the charges were dropped?

    Iwas at a friends house, cops come ,do a probation search, They arrest all of us. My kids were there, but my mom came to get them.on top of the possession charges they charged me with child endangerment. In court all charges were dropped . It wasn...

    Marakay’s 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.

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

    My child's father is not on the birth certificate. My child turns 4 this year and he saw him 3 times the first 4 months he was born and thats it. He does not pay and he is not around at all. Can I file for full custody without him present in court...

    Marakay’s Answer

    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 afraid that he won't do that.

    Given the large number of factors you have here, you certainly appear to have a case for majority physical custody, if not sole custody. The best thing you can do, however, is to consult a lawyer in your area (preferably your own county) who has handled cases involving an immigrant parent before.

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