Skip to main content
Fran Brochstein

Fran Brochstein’s Answers

3,018 total

  • In texas is 3 years 6 months and 6 days difference illegal to date?

    i have a very good friend and i am making sure nothing bad is going to happen if he dates the girl Hes 16 and shes 12 by. 3 years and 6 months and 6 days difference.

    Fran’s Answer

    A minor child cannot consent to sex until they are over the age of 17.

    Even if her parents give him written permission (which I doubt they would do) to have sex with their daughter -- it is illegal in Texas and he can be a registered sex offender.

    The moment he turns 17 he will be an adult for criminal purposes and would be tried as an adult under criminal law.

    I would warn your good friend to be very careful. He cannot date a minor child without the parent's permission. If they say no then the answer is no.

    When can they date? If her parents don't approve then she cannot date him at 17. But after she turns 18 and is no longer a child in the eyes of Texas laws.

    See question 
  • How to change a name on a birth certificate.

    I fathered a son born into a different marriage 25 years ago and parental rights were sued away from me with me being too young to understand the consequences me deciding to wait until he was 21 to approach him. We have since bonded and as a gay ...

    Fran’s Answer

    It appears that the child is over the age of 18. He is an adult. If he wants to be adopted by you then he can petition the court to do so.

    Or, he could do a name change - but your name would not be on the birth certificate.

    He cannot use 2 names. If he changes his name then that is his new name.

    Talk to an attorney.

    See question 
  • Do I have to allow my child to visit father after results from drug test show him to have tested very high for meth use?

    Child is due to go visit father on Wednesday night. I just got results of drug test and he tested very high for meth. Do i have to continue to follow current custody agreement or can i withhold visitation due to drug test results until the case is...

    Fran’s Answer

    Hopefully you have an attorney. Talk to him/her.

    No attorney here will tell you to violate a court order. But most judges want to protect kids. If he's dangerous then do what your heart tells you to do. I'd do jail time or face fines for my kids. Better safe kids then dead kids. but I hope the tests are accurate if he tries to hold you in contempt of court.

    See question 
  • Mediation/court

    If we reached an agreement for custody for where child resides in mediation can my daughgter change her mind at the court when judge sign final order because shes mad and continues to do wrong.I heard the mediation is non revocable and she cant d...

    Fran’s Answer

    • Selected as best answer

    As you can see, your questions make no sense.

    60 days? Have no idea about that.

    If an MSA was signed, then even the judge must accept it - even if they don't like it. Very hard to revoke it. If it's a final MSA then there is nothing to go before the judge - except entry of the final documents for judge to sign.

    As a mediator, many people are mad after they enter into an MSA. It usually means it's a good deal for everyone involved - not always but sometimes. People often have remorse after they leave a mediation which is why they are non-revokable if done properly.

    See question 
  • Can Someone File Abandonment On Noncustodial Parent In The State Of Texas?

    My fiance and his ex got into an argument and she said she was going to file abandonment on him when they go back to court? Is he backed up in child support, which I do understand he can get in trouble for but he hasn't been able to see his kids b...

    Fran’s Answer

    Child support and visitation are not related in Texas. Not seeing the children is no excuse not to pay child support.

    If he does not pay the child support then he can be ordered to pay her legal fees and/or jail.

    If she won't let him visit, then he needs to file contempt against her and try to enforce the court's orders.

    I would hire an attorney to explain it to you.

    See question 
  • Can I sue the school for denying me access to my daughter's education?

    My daughter's father gave the school a partial modification of a visitation order regarding my daughter. I am joint managing conservetorship as well as education/medical rights, right to attend school activities, etc. The school has denied me comp...

    Fran’s Answer

    Even with a certified copy of the court order, the school does not have to allow you to visit if they feel you are disruptive or it is against their policy. Since they have threatened you with the police, something sounds odd. You must follow their rules or they will have you removed from the property.

    I would take your paperwork to an attorney to review. There are attorneys that sue schools - not family law - look under "education" on this website.

    See question 
  • Would it a illegal decision to grant permanent injunction again international travel with child to my home country?

    According to TEX FA. CODE ANN. § 153.502, OC has to present a number of evidences and all they have is an email (does email requires a predicate?) that says that my daughter is better off raised in my home country since single parent home is not ...

    Fran’s Answer

    I think you've posted this question a bit differently yesterday.

    If your home country is NOT a member of the Hague Convention regarding kidnapping then no judge in this part of Texas is going to let the child go to that country. Judges do not like parental kidnapping.

    Judges in TX expect the parents to co-parent -- and one way to accomplish that is to live close to each other.

    If you don't like this free website then look on-line and hire an attorney to review your case. Perhaps your facts are compelling. Or, wait a year and try to modify. Appeal is not just because you don't like the ruling.
    Please talk to an attorney.

    See question 
  • Can my daughters father get custody even if he hasn't been in her life for so long

    My daughter is 15 and already living with her dad even though they don't know each other well, I don't like it that she's with him I'm just worried about her because he let's her do many things that I didn't. Is there a way the judge can send her ...

    Fran’s Answer

    • Selected as best answer

    I agree with the other 2 attorneys that have already answered.

    At 15 a judge can interview the child in chambers. But what the child says is not binding on the judge.

    It sounds like Dad has legal custody. If so, and he is unwilling to voluntarily let her live with you then the burden shifts to you as to why the child's life should be disrupted.

    Talk to a family law attorney about your options.

    See question 
  • My husband and I have been separated since 2009. we were married then he was station in Alaska. is there a quick form .

    we can fill out.

    Fran’s Answer

    Free Texas forms on

    See question 
  • How to appeal Child Custody decision?

    Judge ordered an injunction for child to not travel to any international location with me . I am not an expert in law and the only evidence for flight risk produced was the fact that I asked children to be raised abroad since if the divorce is ug...

    Fran’s Answer

    No pro bono (free) clinics do appeals. You can call around but since their funding is being cut I'm seeing their basic services being cut back right now. You will need to pay for the transcript too - call court's court reporter and get an idea of how much it will be - not cheap.

    Appeal court normally only looks at transcript and the reason you are appealing. They do not re-try the case. They might reverse and send it back for the judge to issue another ruling. No guarantee that you will be able to take the child out of the US if the country is not a member of the Hague Convention. Generally, judges error on the side of avoiding parental kidnapping.

    I would talk to an appellate lawyer. Most start at around $5,000 up with no guarantees.

    See question