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Fran Brochstein

Fran Brochstein’s Answers

3,056 total

  • Do i need to get an annulment or can i get married?

    I was married in Texas.I moved to oklahoma and married wife in Texas filed for marriage in oklahoma only lasted one year then i moved bk to my oklahoma marriage legal or am i free to get married in Texas again.and do i...

    Fran’s Answer

    I believe that when your first marriage ended then the second marriage became valid. So you need a divorce before you marry again.

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  • Can anyone guide me in the right direction with my divorce?

    I am in an abusive marriage. We have 2 children. I left once before but he threatened to kill himself when the kids were visiting. He has never hurt the children directly and hasn't hit me since I've been back but the emotional and verbal abuse is...

    Fran’s Answer

    You might call AVDA that stands for a tip victims of domestic abuse. They provide free services for Harris County residents. Good luck.

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  • In Texas do we have to provide home address, personal telephone number and employer information in a divorce decree?

    Information in divorce decree

    Fran’s Answer

    It normally goes on the BVS form and other required forms and in the decree.

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  • Fiancé gets paid 15/hr and is going to get charged 700 a month for child support for one daughter. is that too much?

    only one daughter

    Fran’s Answer

    An attorney would need to see his W-2 and 3 recent paystubs to determine his child support.

    For one child it's 20% of his net resources as defined by Texas.

    If he earns only $15 an hour x 40 = $600/week or $31,200 per year.

    Then it looks like his child support should be around $435 per month.

    Normally he'd also pay 50% of all uninsured medical expenses for the child plus the monthly premium to cover the child on health insurance. If the kid's on Medicaid then he might be looking at reimbursing the taxpayers of Texas anywhere from $50-$100 per month for one kid.

    Hire an attorney!

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  • What can I do if mediator presented legal advise to my spouse?

    My spouse and I went to second round mediation because we verbally and over email agreed to a settlement. I understand that email is not binding or enforceable. Spouse refused to settle, at the same terms that we agreed to prior in person and ov...

    Fran’s Answer

    I agree with the other attorneys - hire a lawyer and "move on".

    Mediation is confidential. And it sounds like if the mediator only made a statement - but did not give legal advice - then you are out of luck.

    As you have learned, agreements via email and verbal are easily revokable.

    The mediator can only facilitate your agreements. The mediator cannot force either of you to sign the Mediated Settlement Agreement.

    It sounds like you tried mediation twice. If the other party won't sign the MSA then it's time to try something else.

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  • Common law marriage law

    If 2 people live together just as roommates and have no boyfriend and girlfriend relationship and date other people should a common law marriage affect them after so much time has passed living as roommates

    Fran’s Answer

    You can live with someone for years and never have a common law marriage. It does not sound like they agreed to be married and never "held themselves out" to the public as married.

    My sister lived with her actual boy friend for over 7 years and she never had a common law marriage.

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  • Need to know what rights I have in a custody questions with my teenage son?

    My ex wife lives in Michigan and I live in Texas. My boys came to live with me when they were 5 and 3. They are now 17 and 15. My ex has seen them every summer. In 2007 she tried to take them back (trying to enforce the Alabama divorce decree). I ...

    Fran’s Answer

    No attorney can address her rights without looking at your current court order.

    To change custody the burden is on the person wanting the change to show that it's in the best interests of the child to do so.

    I'd be looking for an attorney now and not wait.

    She can ask that the judge interview the child in chambers (after age 12) but the child's opinion is not binding on the judge.

    I assume if she files that you would want an attorney to represent the child's best interests. These are paid by the parties. Not cheap. You will need lots of evidenced to prove she's "Mentally ill".

    I hope this info is helpful.

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  • I would like to file for joint custody for my daughter In Houston, TX? Any suggestions.

    I am a married father who is not able to afford an attorney and do not qualify for a low income attorney assistance. I am current on my child support but have many issues with visitation with her mother.

    Fran’s Answer

    When you went on child support you should have hired an attorney. Now you will definately need one to revise the current court order. If you read your order you might already be a joint managing conservator. But it sounds like the court ordered visits are not working. Perhaps contempt against Mom is in order. I*t's impossible to address your issues without looking at the current court order. Please borrow some money and hire an attorney NOW.

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  • I am seeking a divorce, filed around April 2015, still no court date. Why is it taking so long to get a court date?

    My husband is contesting divorce but has no real reason

    Fran’s Answer

    humbl is in harris county. the court's computer should send you a schedulig order soon. i doubt you have an attorney representig you. if you are confused the hire an attorney or try to do it yourself.

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  • Can co- habitation affect a modification of a divorce decree/ custody order if there is no co-habitation clause?

    My boyfriend and I have been living together for a while now and his ex-wife is taking him to court to try and move their child out of state (there is a residency restriction on their decree). Can our living together in any way affect whether she ...

    Fran’s Answer

    He needs a lawyer pronto. He can ask for custody then she can visit the child if she decides to take the job.

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