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Kristin Stone’s Answers

39 total

  • Can sexting have any effect on child custody in a pending divorce?

    I am trying to get more than 50% of parenting time because I have been the primary caretaker of my 3 girls for the past 10 years. If my soon to be ex is sexting with someone, will this have any recourse on the parenting time? I would hope this k...

    Kristin’s Answer

    Behavior that is relevant to a child custody action is that which affects the child. If the child is witness to these messages or inappropriate pictures, then it could be relevant. One factor that a court looks at is the moral fitness of the parties. How do you know he is sexting? You must somehow tie the behavior to one's ability to parent and the best interests of the child. If you can't, then the courts don't want to hear about what could be perceived as a relationship issue between the parents only.

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  • In Michigan does a 13 yr old have the right to choose to stay with one parent or the other?

    We have joint custody

    Kristin’s Answer

    No. It is the parents' responsibility to enforce parenting time. If there is a legitimate reason that a kid wants to stay with one parent over another and there is a change of parenting time/custody motion, it is possible that a court could interview the child regarding his/her preference, but it is only one of 12 factors a court looks at with regard to custody.

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  • Are there grandparents rights in MI

    Daughter is not letting me see my grandchildren

    Kristin’s Answer

    Yes, but under limited circumstances. A grandparent may seek grandparenting time in many situations including actions for divorce, circumstances where the grandparent’s child is deceased, unmarried parents residing separately and the father has established paternity, custody is given to a third party and the child is placed outside the parental home, or in the year preceding the commencement of an action for grandparenting time, the grandparent provided an established custodial environment for the child. MCL 722.27b(1).

    The courts give the benefit of the doubt to the parent, so if they find that a "fit parent" is deciding not to let a grandparent see the child, the court will deny grandparent visits unless you can prove to the court that failure to exercise grandparenting time would create a substantial risk of harm to the child.

    Good luck!

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  • Can I get temp custody in this kind of situation?

    I filed to change custody from my ex to myself of our one child. my ex is awaiting sentencing for a violent misdemeanor. court is in a couple of days. my ex has not yet responded to the motion. (does that look bad on her part?) I have a feeling sh...

    Kristin’s Answer

    When one party is in jail and a motion is scheduled, some courts will grant temporary custody to the appearing parent and reschedule the motion for a future date (either when the other parent is released from jail or to have that parent appear by phone), but it is up to the individual court. However, I would not assume that she is going to jail since she is only facing a misdemeanor. If she doesn't appear and she is out of jail, the court can grant temporary parenting time and proceed on the motion anyway. It would not look good if she does not participate in the hearings.

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  • Do I need permission from a judge to move my kids out of state?

    I am divorced and have full legal and physical custody. Do I still need permission to move? My ex husband has visitation but only sees kids once a year and there is a support order. He lives 3 hrs away from us and travels for work. I feel moving o...

    Kristin’s Answer

    Yes. The law in Michigan requires that a parent having custody of a child get the court's permission to move out of state. This is so even for parents with sole legal custody. It is typically a formality and the courts grant the motion, but you are required to file it. This is the law: If a parent with sole legal custody of a child subject to court order wants to move to another state, MCL 722.31 does not apply, but MCR 3.211(C)(1) still requires the custodial parent to seek the court’s permission. Brecht v Hendry, 297 Mich App 732, 743, 825 NW2d 110 (2012).) Good luck!

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  • What do I need to do to obtain guardianship for my grandson. His parents are both going to prison

    Grandsons parents were arrested last week. Bond is set at 750,000.00 cash. I don't know where to start to obtain custody of my grandson, No other parties are involved or want custody. I am pretty sure my daughter and her boyfriend will be going t...

    Kristin’s Answer

    I am sorry to hear about this difficult situation. There are many things that an attorney would want to know in order to help direct you to the proper course of action. Is your grandson with you now? Is child protective services involved? If the parents do not make appropriate arrangements such as guardianship/power of attorney, child protective services will get involved and that will make everyone's life difficult. Do you think the parents will agree to a power of attorney and/or guardianship? Is dad the legal father (i.e. signed an affidavit of parentage) Are the parents in Macomb jail? An attorney would be able to visit them in jail. It is best that something is done quickly because at this time there is no available adult that has the legal authority to act on your grandson's behalf (and that is when a court will step in). You have an advantage as a grandparent and the only person interested in the care and custody of the child.

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  • Filing focally motion to change custody

    I was wondering if anyone could help out with advice on the best way to fill out the worksheet portion of this motion concerning all the factor questions please any help welcome

    Kristin’s Answer

    You need to demonstrate 1) there is proper cause or a change in circumstances to warrant a change in custody, and 2) it is in the best interests of the child to change custody. Changing custody is extremely difficult to do. It is a long process because the first hearing is to just see if you can show something has changed so that the court will even evaluate the best interest factors. Take a look at them and focus your motion to them keeping the focus on the child, i.e. "dad abuses drugs." That is bad, but how does it affect the child. "Dad abuses drugs and cannot attend to the child's food and shelter because he is intoxicated during parenting time" would be more specific with a focus on the child. This will get you a better chance of getting the FOC to investigate or the court setting the matter for an evidentiary hearing (like a trial). Best thing would be to see if your child's other parent is willing to work out a compromise. I know finances are tight for a lot of people, but this type of motion is very difficult to win and I would suggest getting an attorney.

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  • I was charge with embezzlement of 7000

    and this is my first offense what i do

    Kristin’s Answer

    Since it is your first offense, there are many more options for you. Macomb County will occasionally reduce felonies for first time offenders to misdemeanors (with restitution) if you enter into a plea. You have a right to a trial, of course. The prosecutor must first prove that there is enough evidence to charge you with this crime at a preliminary exam which should take place within 14 days of your arraignment. You should request court appointed counsel if you cannot afford to retain an attorney. If you need time to come up with money, you can always substitute your appointed counsel with retained at any time, but you need an attorney at all proceedings so request a court appointed if you need one. If the prosecutor can meet this burden, the case goes forward to be set for trial or plea. Best.

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  • What legal advice can you give me?

    I share custody of my son with his mother, we are not together. I am looking for what my rights are in this situation. My son was bit by a dog, the dog is owned by my son's grandma on his moms side, the grandma's boyfriend is the owner of the dog....

    Kristin’s Answer

    I agree with the previous attorney that you should consult a personal injury attorney for the dog bite. I would assume you are posting this as a family law question because you are concerned about appropriate supervision of you child and proper response to a dangerous situation? If that is the case, a lot more information would be necessary to evaluate whether you would be able to file a motion regarding parenting time. The court looks at 12 best interest factors when evaluating custody. This is where a custody evaluation would begin. You can find them at this link: http://www.legislature.mi.gov/%28S%28bjq5nmf2ecllzpzpowzetb55%29%29/mileg.aspx?page=GetObject&objectname=mcl-722-23

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  • (Michigan) Is the referee recommendation worth contesting?

    Non custodial parent has not exercised parenting time in a year . We just had a hearing where we asked for sole custody and it was denied . We have primary physical custody and non custodial parent has visitations every other weekend . Custodia...

    Kristin’s Answer

    Yes. A recommendation is simply that: a recommendation. It is not an order. Some judges are very persuaded by recommendations and others aren't because referees are attorneys and not judges. I am not sure what you mean by sole custody and maybe that is one of the things an attorney can help you with. Are you talking of legal custody? That is the parent's ability to make decisions for the child. Sounds like you are talking about physical custody. I assume you asked for the visits to be suspended? Suspending visits is the most drastic measure a court will take and it takes a lot of evidence. I would get that evidence from the counselor. There may be other measures a court would be willing to take like supervised visits or therapeutic visits with a counselor. Definitely talk to a lawyer.

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