Kristin A. Stone’s Answers

Kristin A. Stone

Shelby Township Family Law Attorney.

Contributor Level 7
  1. Are there grandparents rights in MI

    Answered 9 months ago.

    1. Kristin A. Stone
    2. John R. Moritz
    2 lawyer answers

    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...

    5 lawyers agreed with this answer

  2. I was charge with embezzlement of 7000

    Answered almost 2 years ago.

    1. Scott Matthew Aaronson
    2. Benjamin W. Scott
    3. John F. Brennan
    4. David B Pittman
    5. Kristin A. Stone
    6. ···
    6 lawyer answers

    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...

    5 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Kristin A. Stone
    2. John F. Brennan
    2 lawyer answers

    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...

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

    Answered 11 months ago.

    1. J. Matthew Catchick Jr.
    2. David B. Carter Jr.
    3. Kristin A. Stone
    4. Shawn Patrick O'Connor
    5. Daniel Findling
    6. ···
    7 lawyer answers

    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...

    4 lawyers agreed with this answer

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

    Answered 11 months ago.

    1. Kristin A. Stone
    2. John L. Gormley
    3. John F. Brennan
    3 lawyer answers

    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...

    4 lawyers agreed with this answer

  6. Can I get temp custody in this kind of situation?

    Answered 11 months ago.

    1. Kristin A. Stone
    2. Laurel Stuart-Fink
    3. Shawn Patrick O'Connor
    4. Kathleen L. Cole
    5. David B. Carter Jr.
    5 lawyer answers

    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...

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

    Answered 4 months ago.

    1. Kristin A. Stone
    2. John F. Brennan
    3. Richard Carl Perry Jr.
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered 9 months ago.

    1. Kristin A. Stone
    2. David J. Hutchinson
    3. Laurel Stuart-Fink
    4. Gregory G. Dean
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

  9. Filing focally motion to change custody

    Answered over 1 year ago.

    1. Kristin A. Stone
    2. Gary Francis Kennedy II
    3. Neil M. Colman
    3 lawyer answers

    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."...

    3 lawyers agreed with this answer

  10. A woman came to my door saying that I'm the father of her 8 yr old

    Answered about 2 years ago.

    1. Kristin A. Stone
    2. Brenda J. Richard
    2 lawyer answers

    This is a hot topic in law right now because the law just changed. What you are describing is now handled under the statute called the Revocation of Paternity Act. Since the child is eight years old, mom would have one year to file a complaint from the date the new Act was put into place (June 12, 2012 ). First she would have to prove either that 1) she, the husband, and you at some time mutually and openly acknowledged a biological relationship between you and the child, or 2) the husband,...

    3 lawyers agreed with this answer

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