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Lauren Michelle Marks

Lauren Marks’s Answers

21 total


  • If my husband and I decide to divorce is he eligible for any material assets or my son?

    Lauren’s Answer

    Either parent is entitled to file for custody of your son. The court will review prior records in one of the determining factors for a custody schedule. As your husband was incarcerated when the child was born, you have most likely been the primary caregiver of this child, which will make a large impact in court. However, I suggest you contact a skilled custody attorney for further information. Some judges in Pennsylvania will see the fact that you married him after prison as a sign that he is not a danger or threat to the child and therefore, should have continued contact.

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  • If a Father kills his common law wife and they have children, who becomes custodian of the children. the father and mother gone

    Lauren’s Answer

    Typically in a case like this, Children and Youth Services will become involved for the safety of the children. They prefer to place the children with relatives, but will want to run background checks and other precautions first to make sure the children are in a safe environment. Grandparents can step up and file custody actions, as well.

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  • My husband is a tier one sex offender.

    Lauren’s Answer

    If your husband is a tier one sex offender and you have a child, you have to understand that there is a very real possibility that Children and Youth Services will be involved in your life. Furthermore, if they feel you cannot protect your child adequately, they may remove the child from your home or try to terminate rights. I am also going to assume that your husband may still be on parole and it would be a violation of him to be around children. This could result in a probation violation and jail time.

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  • Is it legal for a parent to move to another state leaving minor aged children in Pennsylvania and move to florida.

    Lauren’s Answer

    A parent in a custody case cannot take the children to another state without filing the proper paperwork with the court. However, there is nothing preventing them from moving without the children. You will probably have a good argument for abandonment if he ever tries to petition to have the child move with him to the other state.

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  • Can i have my ex sign over his rights if he hasnt seen my soon in over a year?

    Lauren’s Answer

    It is not as easy to terminate parental rights as people believe, even when the party wants to terminate rights. There needs to be another party to step into the role and adopt the child for the termination to occur. You should consult with an attorney.

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  • I was recently charged with an Underage Drinking citation. I'm wondering if it can be changed to a disorderly conduct?

    Lauren’s Answer

    Depending upon the facts of the case, as well as how angry the police officer is, you may be able to have the charge amended to a disorderly conduct which does not carry a license suspension. You should hire an attorney to attempt this negotiation.

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  • Will I be sentenced for driving on PA , DUI susp. license or just a suspended license?

    Lauren’s Answer

    In PA, your license will be DUI suspended until it is reinstated after a DUI conviction. When you got the DUI in 2005, any time since then will be a 1543(b) (DUI related suspension) in Pennsylvania. You are facing 60 to 90 days incarceration and a $500 fine for a first offense.

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  • Would you continue to fight this? was found guilty for criminal mischief over 10$ worth of flowers

    Lauren’s Answer

    I highly suggest that if you do appeal this, you retain a lawyer. You have a right not to incriminate yourself. This means that you do not have to say anything. The Commonwealth must prove their case. They have the burden. The problems is when you state, "didn't damage a door nor window just 2 flowers," you are admitting to the criminal mischief.

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  • Is a traffic summary offense considered the same as a criminal summary offense?

    Lauren’s Answer

    Summaries can generally be expunged in PA if you have been arrest free for 5 years. Usually, false information is a criminal charge, not a traffic ticket. I would need the actual code violation to tell you if it is criminal or traffic. You cannot just talk with a judge to get rid of the charge. The officer has a right to be present in all communications you have with the judge.

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  • What does this mean

    Lauren’s Answer

    In Pennsylvania, the District Attorney has a right to a jury trial as opposed to a bench trial in certain cases. This statement is telling the court that the District Attorney wants a jury trial, not a bench trial (a trial in front of a judge only.)

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