Skip to main content
Laurel Stuart-Fink

Laurel Stuart-Fink’s Answers

1,279 total


  • Safe environment custody visits?

    I am currently 9 months pregnant, my child's father is saying he wants every other week. He has a gun felony and his house is not the most suitable for a child. What type of custody could be granted to him? He says he wants to go to court, but I d...

    Laurel’s Answer

    Congratulations on the upcoming birth of your child! Parenting time and custody issues are determined in the child's best interests, which is a term defined in the Michigan Child Custody Act and includes an evaluation by the court of 12 "best interest" factors. The key idea with an infant is that more frequent, shorter visits are most appropriate - for instance, a couple hours a day several times a week. Also, keep in mind that if you are not married, the law presumes you, as the birth mother, have full custodial rights, and father needs a court order to assert his rights as a parent. I encourage you to seek legal counsel for more detail on how to handle your particular case, and wish you all the best.

    See question 
  • Can I file my own objection letter with the court about child visitation given by a mediator or does an attorney have to for me

    My son is only allowed to see his son for two hours a day at the mother of the child's fathers house just because she said that his father smoked weed in the house

    Laurel’s Answer

    You do not require an attorney to file an objection. However, if you have an attorney, your attorney should prepare and file the objections on your behalf in order to ensure that the lawyer's representation of you is effective and meaningful - and to make sure it is done correctly.

    See question 
  • My lawyer filed an objection for child support and many other things so why did I get an arears letter in the mail?

    My ex filed for a protective order and several other things like support, full custody, etc, so I hired an attorney. I found her online and she had raving reviews so I retained her services but im feeling like she isnt doing what she says. She sen...

    Laurel’s Answer

    Filing objections does not prevent an FOC recommendation or temporary court order from going into effect. Sometimes a hearing date on the objections takes time to schedule and that is up to the court not the lawyer. In the meantime, you are required to follow court orders even if you object.

    See question 
  • How to lift a Third party no contact order?

    The girl im dating soon to be ex-husband had a no contact order put on me so i can't be in the presence of the children until they are 18. I have a questionable criminal history but not as a sex offender. What could we do to have this removed or a...

    Laurel’s Answer

    If your conviction involved substance abuse or violence your girlfriend will need to convince the court you no longer pose a threat in order to be with her kids. Also, depending on the reason for the no-contact it could well continue even after marriage.

    See question 
  • Can I get a PPo against my wife for our children. She has been taking adderall illegally.

    She takes adderall pretty often I purchased it once for her but she gets it from a friend. She has severe mood swings and is verbally abusive to our children in the mornings when she thinks everyone is sleeping. We live with my mother and brother ...

    Laurel’s Answer

    A PPO generally addresses issues of physical violence. If your wife has substance abuse issues, the best solution would be to seek full custody of the children. Certainly you do not want her to take the kids in her current condition. I hope you will consider moving quickly to retain an attorney to assist you in protecting your children.

    See question 
  • Mutual ex parte order

    Me and my wife are getting a divorce which she is the Plaintiff. I was served a mutual ex parte order from her attorney. A part of the Mutual ex parte order states that both parties are refrained from conveying, destroying, alienating, leasing, m...

    Laurel’s Answer

    I believe you have already posed this question in a different form. When the court issues an order controlling the disposition of property, those subject to the order should proceed with extreme caution. Any disposition of property or property rights should be accomplished in the divorce case subject to sound legal advice and most likely, a court order.

    See question 
  • If one parent dies does the other parent get full custody & can the dead parents spouse get guardianship of the child?

    My ex husband recently died in a motorcycle accident. His wife is now trying to get guardianship and then she said full custody of our son. Shes filed court papers. She tried to bribe me with money today. She stated if I give her guardianship she...

    Laurel’s Answer

    Let me try to give you some guidance. Firstly, you are not bound by the terms of a divorce judgment between your late husband and his ex-wife. You were not a party to the divorce. If the child is living with you, you have standing to petition the court for guardianship and/or custody. However, you will have an uphill climb because the law favors custody to legal parents, and you are not the legal parent. You need to move very, very quickly, and although it will not be in expensive, you really need an attorney to assist you if you have any hope of retaining custody of this child.

    See question 
  • I spent more than 20 days in jail. and I'm attending College.

    Schuette said his office focuses on non-custodial parents resuming regular child support payments, not jail time. As a result, Michigan kids are paid what they are owed and subsequently receive consistent support into the future. Oftentimes the ...

    Laurel’s Answer

    I am sorry, but I don't see a question here. How can we help you?

    See question 
  • Help me with visitation custodial facts and outlets

    My child's father is serving me for visitation when I denyed him last month after my son came home with abusive bruises on his back. The plaintiff has been in jail this year has toojen advantage of our verbal agreement of shared custody Tue sday ...

    Laurel’s Answer

    It is important that you follow the court's order, or you will end up in trouble before your judge. A motion to suspend or limit parenting time is needed, and to ensure success, you would be best served by retaining a family law attorney in your area to assist you. Jeanne Hannah, in Traverse City, is an excellent attorney who practices family law. I wish you all the best.

    See question 
  • My brother was served with divorce papers and was told he has to leave marital home immediately, is this true?

    one child involved and she is filing for full custody

    Laurel’s Answer

    Being served with a divorce complaint does not necessarily mean he has to move out of the marital home. If there is a court order requiring him to do so (which seems unlikely unless there is domestic violence involved), he certainly must comply. To determine his rights and obligations, he should seek out legal advice and representation from a local family law attorney. Without reviewing the papers with which he was served, there is no way to give more specific advice.

    See question