Kristin A. Stone’s Answers

Kristin A. Stone

Shelby Township Family Law Attorney.

Contributor Level 7
  1. How do i get my parental right back after singing off.

    Answered almost 2 years ago.

    1. Christine Marie Heckler
    2. Kristin A. Stone
    3. Melissa J. Houghton-Heinig
    3 lawyer answers

    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.

  2. My child's biological father is taking me to court

    Answered almost 2 years ago.

    1. Laurel Stuart-Fink
    2. Kristin A. Stone
    3. Jayson Lutzky
    3 lawyer answers

    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....

  3. 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

    Answered almost 2 years ago.

    1. Kristin A. Stone
    2. Neil M. Colman
    2 lawyer answers

    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.

  4. Can I change my children's last name with out their fathers permission?

    Answered almost 2 years ago.

    1. Kristin A. Stone
    2. Daniel Findling
    2 lawyer answers

    You could change your children's names without the consent of their father in either of two circumstances: (1) dad has failed for two or more years before the petition is filed to support and keep in contact with the child, or (2) the noncustodial parent has been convicted of the crime of child abuse or criminal sexual conduct and the child or the child’s sibling is a victim of the crime. The court will give weight to your daughter's wish to change her name. I would suggest that you ask him...

  5. How do i prove drug use in court, regarding parenting time and visitation with minor child?

    Answered almost 2 years ago.

    1. Kristin A. Stone
    2. Laurel Stuart-Fink
    2 lawyer answers

    In order for a court to order supervised visits you are going to have to demonstrate that the other parent poses a risk of harm to the child if left unsupervised. This is a difficult thing to do, but meth use definitely poses a risk of harm to a child. Do you have proof of this termination of employment? Do you have any other information that the parent uses drugs, especially meth? Have you or others witnessed unstable behavior around the child? Is the child exposed to drug use? Is the...

  6. As a father who lives in IL that never married the mother of their 3 year old daughter who lives in MI, what rights are there?

    Answered almost 2 years ago.

    1. John J. Keenan
    2. Neil M. Colman
    3. Kristin A. Stone
    3 lawyer answers

    I agree with the previous answer and would also add that once there the father is established as the legal father, he has all the rights that any legal parent has. If there is a previous court order regarding custody and child support, a court won't modify it without a change in circumstances.The focus is on the best interests of the child. This is where the analysis gets very fact intensive. For instance, one thing the court would look at is whether there is an established bond with the...

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

    Answered about 2 years ago.

    1. Joshua Duane Jones
    2. Kristin A. Stone
    3. James T. Weiner
    3 lawyer answers

    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...

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

    Answered about 2 years ago.

    1. Joshua Duane Jones
    2. Kristin A. Stone
    2 lawyer answers

    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,...

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

    Answered about 2 years ago.

    1. Kristin A. Stone
    1 lawyer 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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