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Fran Brochstein

Fran Brochstein’s Answers

2,983 total


  • How can I see my child if my ex is blocking all contact with me?

    During my weekend my child had an accident with 3rd degree burns. She is better now but may need more surgery on her toes for skin graft. She has been in hospital care for 3 weeks. My ex (her mother) seems to be upset with me now and blames me for...

    Fran’s Answer

    The child support office won't help you with visitation. You can call them and that's pretty much what they will tell you.

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  • If in divorce court i proved our house was half mine but he gets to live there how do i get my part out of the house

    we had lived in that house for 20 years before the divorce what r my options

    Fran’s Answer

    I assume you are merely asking a question. If you own 1/2 of the house then you can ask to be bought out, the house sold to pay you your money or perhaps you get more of another asse5t. Talk to an attorney about your options.

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  • Should I hire an attorney at this point?

    I am fighting for child support. The father has not spoken to me since the first ultrasound. He completely blocked me out of his life. I had to fight quite a bit to get enough of his information to even take him to court. He asked for a paternity ...

    Fran’s Answer

    Lawyer up now. The decisions made will impact you for at least the next 18 years.

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  • Is my employer required to give me heathcare for my wife and her child if they provide it for heterosexual couples?

    Since the ruling on 6/26/15 I have been trying to get my wife and her child on my heathcare plan and the HR department has been giving me the run around. They have told me that they are "waiting for the senior specialist to research what the rulin...

    Fran’s Answer

    I think what you are going through are happening to many couples now that the Supreme Court has ruled. Companies are trying to figure out what they need to do to be in compliance with the law. I suspect the State of Texas is going to try to avoid recognizing same sex marriages & litigation is going to follow. We are all on unchartered ground. You might need to contact a "gay friendly" attorney for guidance. There are many in Houston - I have no idea about Amarillo. We are not allowed to make recommendations so you'll have to look around.

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  • I'd like to file for legal separation in Houston, TX. Can I submit forms from legal zoom.com to do this?

    My husband & I have no minor children or property to divide. We agree to legal separation.

    Fran’s Answer

    Legal zoom is a company not located in Texas. So you basically wasted your money. The best FREE website is www.texaslawhelp.org

    There is no such thing as "legal separation" in Texas. You need a divorce with temporary orders.

    You will probably need to mediate before appearing before the judge for temporary orders, if so, start looking around for a family law mediator to guide you.

    Without kids or property you probably don't need temporary orders just a final decree of divorce. It can be done 61 days after filing the petition for divorce - waiting period is required in Texas.

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  • In which court do I pursue recovery of an engagement ring?

    She is breaking the engagement. It's an expensive ($35K) engagement ring and she wants to keep it. I offered to sell it and split the proceeds with her as concession but she won't return it. So I just need to get it back. Need to move quickly beca...

    Fran’s Answer

    Call your local small claims court. It might be outside their limit. If so then you need to go to civil court.

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  • I lost custody of my children almost three years ago , I need to know if there is a chance I can't get custody back

    I won custody in the beginning but he kept taking me back to court for petty stufff. I was expecting my third child and he didn't agree with it so he started pushing for custody because I was high risk I lost my job and he made it seem as if I was...

    Fran’s Answer

    On the day the judge signed the last order (almost 3 years ago) you both started with a totally clean slate.

    Now the burden is on you as to why your child's residence and life should be disrupted.

    I recommend saving up your money and hiring an attorney the next time you attempt to go to court. You obviously were out-lawyered. Judges agree not to practice law from the bench so the judge is not allowed to help you.

    We cannot make recommendations on this website. There are attorneys that offer free consultations. Look around and talk to one. You will keep a certified copy of the judge's last signed court order to begin the process.

    Basically, you need to show that it's in the children's best interest to have a change in custody. It's not an easy burden to overcome. If the kids are over the age of 12, you can ask that the judge speak to the chlidren alone. But their opinion is not binding on the judge.

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  • Is it illegal for a 23 year old to date a 17 year old in Texas?

    If her parents oppose, what can we do?

    Fran’s Answer

    The moment she turns 18 she is an adult and can do whatever she wants. Parents can also remove her from their home. Of course she leaves with only the clothes on her back. After 18 she plays by their by
    Their rules or she leaves.

    If she's 17 then no statutory rape.

    But she's still a minor for civil purposes.
    Her parents rule til 18.

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  • Is there a time the Temp order hearing papers are served?

    I have yet to be served and my temp order hearing is 7 days away. By the time I get it I will not have much time to prepare or get an atty. Can I file an extension to get the time to prepare?

    Fran’s Answer

    Hire a lawyer and start getting prepared. You'll need financial information statement which is available from Harris county family court judges website. Plus 2-3 years income taxes and 3-4 current pay stubs. Also need all bank statements for the past 1-2 years. So much work so little time--get going.

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  • What amount of jail time would be considered excessive for a first-time, weekend-long visitation denial in Texas?

    Does two months sound reasonable or excessive? Have there been any appellate opinions on this matter?

    Fran’s Answer

    Probably no jail -- just make up time and attorney's fees. Harris county jail is so full. If it's first time slap on hand and stern talking to is appropriate.

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