Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. When I die can I appoint a guardian for my child if father has joint custody but not involved& dont pay ordered support?

    Answered 7 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    4. Mark Allen Land
    4 lawyer answers

    It's rarely done but the mother can petition the court to add another conservator to the current court order with some rights. Then if she dies that person has legal standing to ask the court to appoint them the primary conservator. Dad would need to be served. I did several cases like this when I worked at Houston Volunteer Lawyers and I had one parent dying and the other parent was "absent" (drugs, alcohol, etc.), The judges did it in all my cases -- over 20 years ago -- different...

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  2. My final divorce decree don't make sense please help.

    Answered 7 months ago.

    1. Fran Brochstein
    2. Dorothea Elaine Laster
    3. Adam Kielich
    3 lawyer answers

    Even with joint custody, normally one parent makes the final decision regarding where the child's residence is located. There has to be a "decision maker" if the two of you don't agree. Even if she makes the final decision you should have the right to know about what is going on and be listed to be contacted in case of an emergency. Take a certified copy of your legal document to the daycare and let me review it. It sounds like your decree has been in place awhile. If not, then do what...

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  3. How do I file a motion to reopen a case? and file a complaint against the court clerk?

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Michael Glynn Busby Jr.
    3. Mark Allen Land
    3 lawyer answers

    Do you have a file stamped copy of the general denial answer you filed. if so you are safe. Just file the copy with the court. The court's recognize the imaging system is faulty. It's your responsibility to have a copy of the file stamped copy in your possession. The custodial parent can only go back to the last court order to ask for child support. The issue regarding while you had custody is irrelevant. You had the opportunity to ask for child support and you did not ask. It's a...

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  4. Does class a misdemeanor effect child custody

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Daniel Jason Corno
    2 lawyer answers

    You need to file to modify the current visitation agreement. You are in Houston so there are many fine attorneys. So look on this website & hire one. Many offer a free consultation. Most offer payment plans. I would try to be in an attorney's office tomorrow. I assume that you took photos of the bruises. Do you have any witnesses that are willing to come to court to also testify that they observed these bruises?

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  5. Can my husband abandon me without divorce papers?

    Answered about 2 years ago.

    1. Fran Brochstein
    2. Howard M Lewis
    2 lawyer answers

    You do not need to leave. You cannot be evicted until a judge evicts you. So the landlord would need to evict you by the proper eviction process in the State of Texas. If he leaves, you could file for divorce and ask for temporary orders. In the temporary orders you could ask for temporary spousal support in order to get some time to get your life re-started. I would sugest that you start looking for a job now. The judge is not going to force your husband to support you for a long...

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  6. As far as child support and visitation rights, does my child's father have the right to take him to his city 4hrs away from me?

    Answered about 2 years ago.

    1. Fran Brochstein
    2. Mark Anthony Cohan
    2 lawyer answers

    I am going to suggest that you sit down with an attorney in person and discuss your questions. You do not mention the age of your child. If the child is a newborn then usually the visits will be short and frequent - usually not over-night until the child is 3 years old - unless you agree to it voluntarily. If you are breast-feeding, then visits will be based around the baby's feeding schedule. As you can see, a lot will be based on the child's age and needs. If the child is over the...

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  7. In Harris county will it be a problem to file original uncontested divorce AND signed notorized waiver of service at same time

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Brian Randolph Moore
    2 lawyer answers

    The waiver of service must be dated AFTER the petition for divorce was filed with the court. Why? Because you cannot give up your rights until a lawsuit has been filed at the courthouse. You cannot give up your rights BEFORE a lawsuit has been filed. If the waiver of service is dated before the petition is "stamped" by the clerk at the courthouse it is not valid and will not be accepted by the judge. In summary, it is not worth the paper it is written on. So...have the other...

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  8. Regarding Family Law when an order reads "received within 30 days" is that business days?

    Answered 1 day ago.

    1. Robert Werner von Dohlen
    2. Fran Brochstein
    3. Thomas John Baker
    4. Carolyn F. Horton Mcdaniel
    5. Dorothea Elaine Laster
    6. ···
    8 lawyer answers

    The other parent is grossly misinformed. The parent can argue that but since the expense was for the child then the judge will give him/her more than 30 days to pay -- but it does not mean that no reimbursements needs to occur. This expense was for the child -- he/she is expected to support the child and follow the court orders. I had one lady that saved up 10 years of medical expenses (over $10,000) for the kids and then submitted them to ex. Judge gave him a payment plan. Tell the...

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  9. What action can I take if my ex-husbands GF bad mouths me, rolls her eyes and makes sarcastic comments about me in front of son?

    Answered 9 months ago.

    1. Fran Brochstein
    2. Daragh John Carter
    3. Dorothea Elaine Laster
    4. Maria Sara Lowry
    4 lawyer answers

    Sign up for counseling for you, the kid & your ex. Allow ex to bring gf too. It will help your son learn to deal with difficult and confusing situations. If counselor feels that gf is bad, that would be a long way with a judge modifying the current court order. You cannot control her. It sounds like their relationship is on the rocks. Take the high road...sweetly smile and say nothing. Reassure your son that this is "adult business" and just say over and over "mommy and daddy...

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  10. Would a lawyer advise mother not to attend mediation?

    Answered 10 months ago.

    1. Fran Brochstein
    2. Dorothea Elaine Laster
    3. Mark Allen Land
    4. Maria Sara Lowry
    5. Allison Travers Hamilton
    6. ···
    6 lawyer answers

    I agree with the other 2 lawyers that have already answered. Quit wasting your time with the TX A G office and hire a private attorney. A private attorney can get this case moving quickly. You live in Houston - there are plenty of attorneys in the Houston area that can help you. Just look on this free website and find an attorney that you like and can afford.

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