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Kristin Stone’s Answers

39 total

  • What should my husband and I do to get full custody of his 5 year old daughter?

    I have been married for 1 yr, and my husbands daughter came to live with us before we got married; before that, she lived with his mom and visited her mom occasionally. This spring her mom moved out of town, left all her minor children with other ...

    Kristin’s Answer

    First, is there a custody order in place? If not, your husband would need to file an action for custody in the county in which he resides. If there is a custody order, look at the order to determine 1) what is the legal custody order, and 2) what is the parenting time order. The courts only enforce their orders. If that order does not provide for the parenting time he is seeking, he needs to file a motion to change it in the county in which the custody order was issued. The court examines the best interests of the child and that is what the motion must focus upon. It is difficult to change existing orders, so be sure to go in with strong arguments that focus on the statutory grounds for the best interests of the child. These are difficult cases, so I wouldn't advise going it alone. Best!

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  • Family Law: Change of Custody.

    Does a single parent secretly enlisting into an out of state, deployable military reserve unit constitute a significant change of circumstance for change of custody?"

    Kristin’s Answer

    The child's legal residence would stay in Michigan. A parent can't change that without a court order. In fact, a parent cannot even change the residence of child over 100 miles from the original residence at the time of the order. The law states: A parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued. A court hearing is required and certain factors are considered by the court.

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  • Can i get legal guardianship on my 15 yr old daughters baby if she is still in the hospital and the dad is only 15 also?

    My 15 yr old daughter had a baby on monday and has had complications, she is back in the hospital and the baby isn't. I am wondering if I can step in and get legal guardianship of the baby. The father of the baby is only 15 also, he has no job and...

    Kristin’s Answer

    Guardianship may not be the proper course of action at this time. Your daughter has full custody of the baby until there is a court order. Where is the baby now? Your daughter makes that determination, even if he established himself as the legal father by signing an affidavit of parentage. She could sign a power of attorney so that you can act on her behalf while she is hospitalized. If your daughter doesn't agree to that and she is unable to care for the child and the father is unable to care for the child, then child protective services may get involved (that could end up being a very difficult situation so your daughter needs to be sure the baby is taken care of properly while she is in the hospital). It is imperative that this situation gets sorted out promptly to avoid protective service involvement.

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  • How can I get my daughters father to sign her birth certificate & set some custody/visitation mandatory time IN MICHIGAN?

    He never sees her, never spends time with her, have never bought her anything. However, paternity has been established. We have a child support hearing tomorrow. I want to request his name to be added to her birth certificate. I also want him to t...

    Kristin’s Answer

    • Selected as best answer

    You seem like you need help, financially and with child rearing. Is the prosecuting attorney participating in this case? You said paternity has been established, but you didn't say how. Do you have a court order or did he file an affidavit of parentage? You cannot force a father to participate in a child's life. Unfortunately, it is surprising how many parents will step up to the plate to get overnights to reduce their child support. Several factors are considered when determining child support. One of the most important factors is the number of overnights each parent has with a child. Child care is also taken into consideration so you must bring verification of what you are paying to court. If he doesn't have a legal job, the court can impute income. I would suggest speaking to counsel. Depending on the type of hearing you have tomorrow, the court may try to resolve the child support issue tomorrow. Be mindful of what you consent to because you have a right to prove he makes more than he tells the court. I would also suggest that you speak to a professional - attorney or therapist - on how to manage the difficulties of being a single parent. There is help out there. Best wishes.

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  • I live in Michigan & am trying to find out how & where I go to obtain emergency custody of my son.

    My sons mother is currently seeking help in an outpatient mental facility. She does not want or has seen him in 2 weeks. She also left him with me 2 weeks prior to this & was gone for a month before she decided she wanted to see him & try to be a ...

    Kristin’s Answer

    If you live in Pontiac the proper court to file for custody is the Oakland County Circuit Court. You first have to establish yourself as the legal father, if you have not done so already. This can be done concurrently with a motion for custody. The courts determine custody based upon the best interest of the children. If mom is not in a position to parent, then you need to get the proper legal authority to handle all matters regarding your sons. If you already have a prior custody order, then you need to file a motion to modify parenting time/custody in the court from which the order originated.

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  • How do i get full custody of my unborn child?

    Im about 10 weeks pregnant with my ex bf baby , at first he was happy but recently i pressed domestic violence charges against him . So i really dont know what to do about custody when my son or daughter is born. Like he wants somewhat something t...

    Kristin’s Answer

    He does not have legal rights to the child until he establishes he is the legal father of the child once the baby is born. He can either 1) fill out an affidavit of parentage (which you would have to sign as well) and send to the state, or 2) either you or he files an action for paternity. If neither is done, then he does not have any rights to the child. The flip side of this is that you cannot receive child support without establishing him as the legal father.

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  • My grandson lives with my husband and me for the school year without any legal rights. The mother in Ohio has full custody.

    The mom wants to give us some legal rights. What should we do? We live in Michigan.

    Kristin’s Answer

    Mom needs to execute either a power of attorney, or even better for your protection and mom's, a guardianship through the probate court. Failure to do so could result in Child Protective Services intervening, which can be very damaging to your grandson.

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  • Does my 14 year old son have the right to tell his dad he doesn't want to visit him on a day he has a cross country meet?

    The court order has him with his dad every Thursday evening. His dad will not allow him to attend any after-school events on Thursday evenings. His dad lives more than an hour away.

    Kristin’s Answer

    Unless it is in the judgment that each parent is responsible for ensuring attendance at extra-curricular activities during his or her parenting time, the father is not responsible for that activity during his parenting time. Unfortunately for your son, the law does not allow children, no matter what age, to veto parenting time. Consider asking his father if he would exercise his parenting time by attending the event. Discuss the importance of this activity to his son. See if he would be willing to change his parenting time night to another evening. The courts encourage parents to facilitate these activities by communicating with one another on behalf of the child. Remember, the court's first priority is always the child's best interest. Keep that in the forefront of all your communication with his father.

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  • If i am accused of an assault and have a no contact with the victim and the victim calls me,am i able to have the case dismissed

    Simple assault

    Kristin’s Answer

    The case is unlikely to be dismissed on this basis alone. Be cautious. If you answer or respond to contact from the alleged victim, a court can consider this a violation of the no contact order even though you didn't initiate the contact. Inform your attorney, or if you do not have an attorney, the prosecutor.

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