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Fran Brochstein

Fran Brochstein’s Answers

2,901 total


  • My wife lives in WV. I left her for reasons in January of 2012 and moved to Texas. I want a divorce. She may or may not contest.

    I would like to divorce my wife. We have not spoken but maybe once since I left. I returned from Iraq in May of 2011. I thought we were in love. I remodeled the house, we bought an RV, we traveled. She decided to quit taking her psychotropic medic...

    Fran’s Answer

    If you have lived in Texas over 6 months then you can file here since you are now a Texas resident. Get an address to have her served. Otherwise, it costs a lot of money. Talk to a family law attorney in the Baytown area. Good luck!

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  • I received a waiver of service i have only been married 4 months. he has no social and is about to leave the country ? Should i

    sign . Please help

    Fran’s Answer

    Depends on what Final Decree of Divorce and Waiver of Service state. I would not sign Waiver without looking at Decree. Otherwise, he could write in that you must pay him $1 million - judge would probably reject it but it could happen then you will spend big bucks trying to "fix" it. Be careful.

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  • Is it my responsibility to find out my court date

    My wife filed and i was served. I responded and am now waiting for the court date. Will i be notified of the court date

    Fran’s Answer

    I absolutely agreed with Attorney Gina. If in doubt, check. I'm an attorney and sometimes my mail "disappears". The burden is on you to not let this "fall between the cracks".

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  • Should I give the important documents of my kid to my EX?

    My divorce finished half a year ago. The judge gave me the joint custody of my 3-year kid. My EX has the primary. But I hold the passport. Now my EX asked me to give him my child's passport, ssn, and birth certificate to apply the state ID card fo...

    Fran’s Answer

    What is a Texas state I'd for a minor child? I have never heard of that before.
    He has to give you info about trip-- such as who, what, when, where and who'll be there. You need all info on trip-- carrier, time leaving, time returning, etc.

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  • I need a lawyer for child support

    My legal husband is filing child support. He has admitted that he is going to lie about his income . He works for a small business which owner will help him, lie about his income so he wont pay actual fee for child support

    Fran’s Answer

    People lie under oath all the time. The judges all know it. You need to get copies of his tax returns for the past 3 years and bank statements for the past 3 years. You desperately need an attorney.

    If you are living together and can do it safely, makes copies of anything you can find then put the originals back where you found them. Give the copies to someone that you trust to keep them safe - please don't leave them anywhere he can find them - like your car or under the mattress!

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  • Is the mother of a child born to unwed parents, who get married after the child is born, still considered the custodial parent?

    I have a one year old daughter, her father and I were unmarried at the time she was born and got married six months later. It isn't working and we are heading for a divorce, all the info I'm finding online say that when a child is born to unmarrie...

    Fran’s Answer

    I find that most new mothers are in for a shock at divorce.

    After age 3, dad can ask (and be granted) an expanded visitation order which basically gives him over 45% of the time with the child. Judges EXPECT people to co-parent.

    Joint Managing Conservatorship is presumed in Texas. Sole Managing Conservator is rare.

    His worst case - Under 3, he will have short frequent visits with the child that grow so that at age 3 the child is not freaked out by the change. If he is an active father, then he might get overnight visits immediately.

    As a divorced mom myself, you need to understand that if you divorce that you will not have her with you around 45-50% of the time. It's a huge adjustment.

    You need a family law attorney immediately.

    There is one judge in Harris county that ordered a 50/50 split of a one month old. So you never know what will happen.

    Look on the website and hire someone.

    I recommend mediation.

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  • What do I owe my wife if I separate from her?

    We have been married for a little over 3 years. Lived together for almost 4. We rent an apartment with both our names on the lease. We have one child together. I have been supporting her and 2 step children (who we receive very little in child...

    Fran’s Answer

    You need to personally meet with a family law attorney to discuss.

    If any allegations of domestic violence in the past few years then you might be looking at spousal support.

    Otherwise, you need to make sure that she and your child have money to meet their basic needs.
    You will, of course, have to pay 20% of your net resources for child support and carry the child on health insurance.

    The 2 step-kids are your problem.

    Everything accumulated during the marriage is community property - unless it was a gift or inheritance. Of course, inheritance can be co-mingled and difficult to prove that it's separate property.

    This is not a simple question. Good luck!

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  • I am Brazilian. I married an American in Brazil. We moved to the United States.

    Is our Brazilian marriage valid in the US? I want to divorce now, do I divorce in Brazil or the US?

    Fran’s Answer

    Where you marry is irrelevant. If you have lived in Texas for over 6 months then you are a Texas resident and you need to divorce here. Look on this website for an attorney to guide you.

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  • My husband took our 24 month old baby and won't let me see her or won't even tell me where they are staying.

    My husband moved out of our martial home. He came back 2 days later to pick up our 24 month old and never brought her back. Is been 20 days now and I'm worried sick for her. I don't know where they are staying I know that they are still in town th...

    Fran’s Answer

    You only have to move when the judge tells you to do so.

    Also document via email, texts, etc. (like witnesses willing to come to court to testify) that you have called every day once or twice to ask to see the baby and have the witness willing to testify to what he says. The person can listen to your conversation. I would assume that you are being recorded to don't cuss or be "nasty".

    Hire a lawyer pronto.

    Good luck!

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  • Can I sue the parents of a child that I took care of for 4years of his life for back child support?

    I took on the responsibility of the mom while she was in prison and even when she was released from prison...in December of 2014 she told me to bring her son to her for the weekend and she call me and told me I will never see him again since I rep...

    Fran’s Answer

    If you want to try to get the kid back, run...don't walk...to an attorney's office. You have 6 months after you lost possession of the child to file for custody of the kid.

    If you merely took care of the child without court orders, then God bless you but they only owe you child support if a judge signed an order stating that they must pay you so much money per month.

    There are lots of good attorneys on this website so look around and hire one.

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