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Marakay Jessica Rogers

Marakay Rogers’s Answers

42 total


  • C&y took my children after reunication the refused to give me a court date the said I was abusing my 6 yr lack of poof

    reunification on my 3 youngst was over at the end of nov they refused me a court date finny on dec 20 I got a court date the foster mother that has my 10 an 6 yr said I had slapped him while giving him a bath at 4 she found the mark at 730-8 an to...

    Marakay’s Answer

    Were you eligible for court-appointed counsel on this case, and did you apply? Reunification is never guaranteed. The Office of Children, Youth and Families generates a great deal of paperwork that is difficult to follow, and a lawyer would both need to see that information as well as obtain more specific information from you in an interview. Those of us who are familiar with this sort of case know that it's impossible to answer these things without seeing the county correspondence and reports.

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  • If someone filed a restraining order against me, can we go into the same courtroom for another case.

    Its the same incident just a different case, but im a witness so can i go?

    Marakay’s Answer

    This is one of the few times that you ARE permitted to go into the same place as a person with a restraining order against you. Yes, you should notify courtroom personnel. It might be wise to have a copy of the order with you in case an issue actually arises.

    Although you cannot speak directly to the judge in advance regarding any matters, you may notify staff in advance that there is a restraining order. You can be sure that the person on the other side will be all too happy to let people know that one exists. You can be there -- but do be sure that your behavior is exemplary while you are in the courthouse.

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  • If i give up my legal rights of my son, can his father give parental rights to his new wife?

    I currently have shared legal rights but my ex has full custody. I asked my ex to drop the child support against me, to which he said yes. in exchange he wants to add is new wife to be a parental gardian. (i do not have a problem with this). The p...

    Marakay’s Answer

    I suspect that what he is actually trying to do is to get you to voluntarily terminate your parental rights so that his wife, who is the stepparent, can adopt your child. If that is the case, then yes, he would be able to revoke visitation rights. If the child is adopted, she would legally be the child's parent and you would not.

    I would be very leery of this, and would speak to an attorney immediately before signing anything.

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  • In Pennsylvania can I change my married last name back to my maiden name without filing for divorce?

    I am still legally married. How can I legally change back to my maiden name? I want to throw up every time I have to say or write the last name of the idiot I married. We've been separated for over a year and I use my maiden name except when I le...

    Marakay’s Answer

    You will normally be told that you can file a name change when you obtain a divorce (and at least in some counties that filing is free). That's true, but in fact the law states that you may use whatever name you choose for any legal purposes. There was no legal requirement that you take his last name when you married, so there is no legal requirement that you continue to use it. The law never changed your name, you only followed a custom, not a requirement.

    You can file a petition in your local county to have a name change, without the divorce filing, but each county's fees are different. The decision the judge would make may also be affected by your not having filed for divorce yet.

    For the most part, you may simply rely on the fact that the law allows you to use your maiden name for any legal purpose. You don't need any legal paperwork for that for most things.

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  • Would it be illegal to take a 15 year old thats not mine out of state?

    His mom and dad both kicked him out, he lives with his gram and pap. His gram and pap would love to have him stay there longer but they just dont have a lot of room, because they already took on his two sisters. His gram said that she thinks since...

    Marakay’s Answer

    This is a question that's more reliant on personalities and behavior than on the law itself. Kicking him out doesn't relieve his parents of their parental rights. If they decide to complain, the police will be sympathetic to them initially.

    This is not like a custody case, in which a child's opinion carries greater weight with a judge at 14, and the police generally don't take a non-intervention approach until the minor is 17. Your position is stronger if you're a relative -- if not, this is somewhat risky. Further, if the minor wants to further his education in school, you'll need legal documents right now to be able to enroll him. I don't know which state you are from, but school enrollment laws are not uniform across the country so I can't advise you of the situation there, but until he's lived in that state 6 months and is at least 16, he may not be able to enroll without consent from the family or the intervention of Children's Services in the state you live in.

    Frankly, at 16 this is unfortunately a potential Children's Services issue even in Pennsylvania. Technically he's a homeless child. You really should consult an attorney.

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  • Can I get a court order stating that I can travel outside the US?

    My ex has made it adament she is not going to sign for consent for me to get passports to travel to Mexico this summer with my kids. She actually is trying to stop me from getting passports all together. How can I get this court ordered without sp...

    Marakay’s Answer

    • Selected as best answer

    I understand your anger and your frustration with the system and with your ex. However, people do take children out of the country and not return them, so even if she has no reason to think you will do so, her claim would make sense to the people who hear it. You cannot, much as you might wish, engage in self-help as retribution for her perceived contempt. You should indeed seek a court order. Although you could do this pro se, I do not recommend it. What the court may want to know and see could be quite complex. I frequently see people lose in custody matters because they have not followed exact procedure or because of insufficient pleadings or information in the pleadings. You should indeed talk to an attorney about this.

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  • Early Termination of house arest

    ive done 9 months of a 12 month sentence. all classes and fines are paid. can i apply for early release

    Marakay’s Answer

    It's possible but depends very much on the charges you had as well as on your judge -- and the reasons for early release. That house arrest is inconvenient and usually expensive are not reasons the court wants to hear, even though they are very true. The best thing you can do in making a decision as to whether to pursue this may be to talk to your probation/parole officer about the possibilities. They should have some experience as to whether early release is likely in the situation you were in. There's not really enough information here to make a specific answer.

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  • Do I have to claim that I have been convicted of a criminal offense on a job application for the PA Dept. of Transportation?

    I was given a disorderly conduct citation, and the charges were dismissed after completing my community service hours, but have not yet been expunged.

    Marakay’s Answer

    Disorderly conduct is either a summary offense or a third-degree misdemeanor. If yours was a summary, entirely handled in front of a district judge, you do not have to report it in any event. If the application says to list only felonies, you still do not need to report it. If you are required to report any offenses, given the circumstances I would omit this and, if you are questioned about it, would respond to your questioner with the same information that you have given here. That should be sufficient for the Commonwealth.

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  • If father doesn't pay court ordered child support..will i get it from the state?

    father ordered to pay child support in july and i haven't received payment til this day. i have filed for contempt and im pretty sure he will not show up bc that is the type of person he is. he has not taking care of my son since he was born. but ...

    Marakay’s Answer

    Child support does have to be provided by the parent, not by the state. The state can press contempt charges, but unless he pays up because of the charges or because he is found in contempt, you will not receive any money.

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  • My daycare provider told her other clients that we do not vaccinate our children. Is this a hipaa violation?

    In home daycare center, the word then spread around our community and has impacted our entire life.

    Marakay’s Answer

    It may not be a HIPAA violation, but it is certainly an invasion of your family's privacy, especially as there are many reasons a family may choose not to vaccinate. Care providers are expected to maintain confidentiality of children's and their families' medical, financial, and related information. You may have a cause of action along these lines. Please consult a local attorney about this.

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