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Kristin Stone’s Answers

39 total

  • I have a disorderly in centerline mi n didnt go got to court yet what will happen it was for drinking n my judge is chumra

    still waiting to go to court

    Kristin’s Answer

    Check you notice to see what your first hearing is. It will either be an arraignment (where the court will determine a bond) or a pretrial (a hearing where you negotiate a plea, adjourn the case for further evidence, or set the case for trial). Disorderly conduct is a pretty vague statute. You have a right to see the police report or any other evidence that the prosecutor has. In any event, be sure you have an attorney represent you as this type of charge can often be negotiated by an attorney. If you can't afford an attorney, the court will appoint you one. Don't try to do it on your own. If you have never had a criminal case before, you might be able to get an advisement where you end up with no record. There are many options that you have. Good luck!

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  • Is leaving a 7 yr old child unattended while I sleep during the day after a night shift considered neglect or abuse

    In our same home, she plays and watches tv while I sleep bu once went out of the house also, but has promised never to do so, wd it be considered neglect

    Kristin’s Answer

    It could be consider neglect because she is at risk of harm. A seven-year-old needs supervision, without it anything could happen. If she ran into the street and was harmed, protective services would investigate and could possibly remove your child from your home. You must have supervision for her safety, as well as someone to give her food, clothing and other necessities. You need to find some help. Best wishes.

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  • If the parents never lived together and didn't really have a relationship can the father get 50% legal?

    My child's bio-dad and I didn't have a relationship throughout the pregnancy. The baby is 3 months old now and he hasn't provided ANYTHING for her and is now demanding 50% legal. Can he get it just for asking?

    Kristin’s Answer

    First, he cannot get 50% custody by just asking for it. The court looks to 12 factors to figure out what type of custody is in the best interests of your baby. Since your child is so young, it is unlikely that the court would bounce the baby back and forth for 50% custody. If you are breastfeeding, it is even less likely. It is important to be well prepared to defend a custody action because once an order is set, it is hard to change. The court will also establish child support at that time. One thing to be aware of is that the court wants parents to encourage the relationship between each other and the child. You need to speak to a lawyer as to how to go about this so that you are doing what is in your child's best interests and you can present that to the court. Feel free to contact me.

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  • If he just got discharged for his felony, can my ex get parenting time?

    My ex and I split up when our son was 3 months, now 6 months. He tries to get him when I've made plans. When I ask him if he wants to spend time with his son, he refuses because he would rather race or hang out with friends. He was charged with As...

    Kristin’s Answer

    Every parent has a constitutional right to parent his or her child. It is only when something is so egregious, will a court prevent a parent from seeing his or her child. A conviction for AGB is very serious, but in and of itself, will bar unsupervised parenting time. Many other factors must be considered. Fortunately, since you have been doing all the parenting, you begin at an advantage. The charge will definitely factor into the equation. Do you know if he even wants unsupervised visitation? Is there a custody order in place right now? If there is, you must follow it or make a motion to change it. If there isn't and only and affidavit of parentage has been signed, you have primary custody. You should be cautious about allowing unsupervised parenting time if there isn't an order because some cops won't remove a child from a parent. You may want to seek an order to protect yourself and your child now if you are worried about your child's safety. There are 12 custody factors the court looks at, so start there.

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  • Is there any legal action I can take with custodial interference?

    My ex and I have joint custody of our daughter. Since she was about 1, her grandparents (his parents) have felt that it is their right to make decisions for her. She has no structure because I try to make rules or a routine and they simply do not ...

    Kristin’s Answer

    While I do agree with the previous attorney, I think that more facts would help. What is the parenting time schedule? Is your ex using his parents to "raise" your child? If your ex is using his parents to provide care instead of caring for the child himself, and that care is improper (disparaging you, neglect) then you could potentially ask the courts for a change of parenting time. However, based on what you said, it is unlikely that the court would order that the grandparents can't be around when it is your ex's parenting time.

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  • How do i get my parental right back after singing off.

    i singed off in 05 of my 2 kids they where in careof a forster family and know they can nolonger care for them and ia am know in a place where i can,

    Kristin’s Answer

    A release of parental rights is final after the 21-day appeals time. How do you know they can't care for the kids? Did they adopt them? If they are still in foster care CPS will find them a new place to live. If they were adopted they could end back up in foster care.

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  • In an assult case the judge ordered retitution held in abeyence what does this mean

    person pled no contest order to anger managment probation and restitution held in abeyence

    Kristin’s Answer

    The other attorney is correct that the judge hasn't made a final determination on the issue. Judges can hold issues in abeyance for a variety of reasons. In an assault case, a court hold restitution in abeyance if there are possible medical bills. I would also look to see if there are other charges like if any property damage occurred during the assault.

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  • How can i find my birth certificate when it has been destroyed in the doctor office.

    I have been working on getting a birth certificate from the state of california. The doctor office has been destoryed and my birth certificate. I have been trying to do this for at least 16 years and my mom has been doing it for 23 years.

    Kristin’s Answer

    I would check the California Department of Community Health or its Michigan equivalent. Here, you can just order it online. http://www.michigan.gov/mdch/0,1607,7-132-4645---,00.html See our state's procedure as it may give you an idea of how to go about it in California.

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  • My child's biological father is taking me to court

    I just had my baby three weeks ago. Her biological father is not on the birth certificate and do to mental instability, hasn't been welcome in our lives. Tonight I was just served with paternity papers. Can i bring up his mental issues in court to...

    Kristin’s Answer

    You are doing the right thing being concerned about the safety of your baby. There are different concepts in the law regarding children: paternity is to establish a legal father for a child (which it appears you do not dispute he is your baby's father) and custody (where his mental stability or lack thereof is one of 12 best interest factors that the court examines when determining parenting time). When dealing with an infant, many of the best interest factors need to be handled differently. I have a very similar case right now where - like the attorney above indicated was possible - we were able to obtain a court order that said the father could only have visits supervised at my client's discretion. It is key that you get evidence to back up your claims, even if that is merely affidavit testimony from people who have had first hand observations. You need to be very prepared for this case because once the court establishes custody it is very difficult to change. I would be happy to help and have an office in Royal Oak.

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  • My child is turning 18 in a few weeks and will not graduate high school till May. Since he will be an adult will the visitation

    guidelines still have to be enforced?

    Kristin’s Answer

    No. The court will not get involved with custody, unless there is a court order that states otherwise. Since he is still in a parental home, the court can extend child support. Of course, as he is still living with his parents, you can still set your own rules that he has to follow. Remember that whole "18 and out" saying. Turns out, it's legal.

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