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Fran Brochstein

Fran Brochstein’s Answers

3,021 total

  • 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.

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  • 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

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  • 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.

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  • Is there anything I can do to enforce visitation?

    My child's father does not use his visitation. In fact, he has never seen the child. The weekends that he does not visit, Im stuck with babysitting costs, food, recreation, etc.... If he chooses not to visit, can I request a raise in th...

    Fran’s Answer

    If he has another child then his percentage does down from 20% to around 17%. If his salary has decreased then your child support could be lowered. It is a risk. Of course, if he never visits then you have to feed, clothe and shelter the child all the time and the court might give you above guideline.

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  • Divorce is pending. one year marriage.

    Husband never got joint credit card and never put wife name on the account. Kept his credit card and bank accounts on his son, from previous marriage. Wife borrowed money from credit cards and friends and family. Can wife be able to collect all w...

    Fran’s Answer

    Attorney Baker is absolutely correct - as usual.

    One year marriage - debts and assets are divided.

    Husband is not required to put wife on any credit cards.
    The credit card company can only look to the person whose name is on the card.

    If Wife wants to be reimbursed for money she spent, she will have to show that it was for necessary expenses. Of course, the cost to prove this might be very expensive and not worth the legal fees required to go to trial.

    I recommend mediation. And hiring an attorney to advise you.

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  • Is there a free form that i can use to file a counter petition on custody of my son.

    the mother of my child is going through a divorce. i am not the legal father of my child but i have done a court ordered DNA test and now her lawyer is telling me i need to file a counter petition for the custody of my son but i do not have the mo...

    Fran’s Answer

    You can look on for FREE forms. Take the petition and re-title it "counter-petition" then you are counter-petitioner and the other party is counter-respondent. Confusing but that's how it works. Make at least 2 copies. Take and file at courthouse. Have clerk file stamp copy the copies. Then send one copy to Petitioner and you keep a copy. Or, hire an attorney to help you.

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  • What can happen if I show up without a lawyer for divorce on my court dates?

    I'm not asking for handouts, I'm not asking for a free lawyer I asked a question and it's not being answered, I'm getting called stupid instead being helped I just want to know what will happen if I show up with no lawyer I'm not begging for a fre...

    Fran’s Answer

    Judges don't usually hand out forms.

    Look on for Texas approved family law forms - FREE!

    You need to fill them out.

    You can look on the family law judge's website (google it) and look at all the required forms. Judge Roy Moore (245th judicial district court of harris county) has many forms on his website.

    Good luck!

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  • Who will be awarded home?

    I am pro-se and am looking for legal aid I can afford. My spouse and I separated about 5 months ago and I have accrued a credit card debt of about 5k since then. We have a small home together and all of cash in checking account is separate propert...

    Fran’s Answer

    Cannot answer with the limited info you provided.

    1. Her separate property is irrelevant.

    2. Who's name was the credit card issued in?

    3. What were the expenses on the credit card for? If it's stuff for you then the court will probably (I cannot guarantee it) give 100% of the debt to you. Again what the charges were for would be relevant.

    4. House appears to be community property. If you cannot agree the judge can order that it be sold with a receiver (who gets paid) and the house will be sold very quickly (sometimes within 48 hours) and if you suffer a loss that is your problem. Judges expect people to resolve these issues. If a judge has to get involved then most of your money will magically disappear on people appointed to "handle" the matter. With only $12,000 in equity your house might even sell at a loss and both of you would be liable for the loss - scary!

    I hope this helps.

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  • Should i file a motion to enforce everytime my kids dad disobeys the custody orders or should i wait til he messes up alot?

    My attorney says to wait to file a motion to enforce because i have evidence of what he is doin on family wizard. My kids dad always tries to twist the orders in his favor. I should have the last 14 days of summer n he kept him n says its interpre...

    Fran’s Answer

    The reality is that you cannot afford to run to court every time the other parent "messes up". Your legal fees will exceed any money you receive from your ex. Unless you are extremely wealthy, you just cannot afford to do it -- especially since he only pays $225 a month in child support.

    Also, judges get tired of seeing the same faces at the courthouse or minor complaints. I'm sure that you are angry that he does not follow the rules but a judge is not going to be able to make him follow the rules either! Generally, judges want to see a "pattern" of disobeying court orders.

    If you don't like your attorney then hire a new one that you trust.

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