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Fran Brochstein

Fran Brochstein’s Answers

3,173 total

  • Can you please help I don't know what else to do?

    I have a friend who recently had a baby but she gave the baby up for adoption without the fathers concent he never got to hold him or the dad wants to be a part of his child's life but he dosnt know any information about the adoption agency beca...

    Fran’s Answer

    If he has not done so, he should fill out the State of Texas possible paternity form and submit it to the appropriate agency in Austin. He needs to keep a copy for himself. I think the form is on-line on the Texas Bureau of Vital Statistics website. Do it now!

    He should write mom and cert. letter including the form he submitted to Austin and ask her to let the adoption agency know that he does not waive his parental rights.

    He also needs a lawyer pronto. Time is of the essence.

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  • Why can't I see my kids

    Family law that I'm totally confused on

    Fran’s Answer

    I'd look on this website and talk to a family law attorney.

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  • How can my friend get out of jail for child support

    My boyfriend is in jail for child support, he us unemployed and attending school, how can he get out asap

    Fran’s Answer

    One option is for him to just pay the money owed and any fees ordered by the judge.

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  • What are really his rights and what should I do? How can I also get some protection for myself?

    Me and the father of my one year old are seperated. I allow him to see her at my home sometimes but he is very verbally abusive towards me so I try to avoid him as much as I can. He is demanding time and demanding that my daughter has to stay over...

    Fran’s Answer

    Without court orders, he can take the child and not return her. He can then file for custody and ask you to pay child support to him. Are you scared yet?

    I would hire an attorney immediately.

    Child support will be based on his net resources (job, etc.). You can get an estimate using a free child support calculator for TX - several exist. Try the TX A G website.

    Usually with a small child under 3 the non-custodial parent does not get overnights. If you let him keep her overnight, then you have set it up for him to ask for that in court and he'll probably get it.

    Hire an attorney!

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  • How do I file for divorce?

    I have been married since May 20, 2012 my husband is on felony probation and has an issue stealing my money from me when I am either changing clothes or sleeping. I have started hiding my debit card under my mattress when I sleep at night. We have...

    Fran’s Answer

    The best free forms are on but those forms are for agreed, easy cases.

    If he won't move then you probably need to hire a lawyer, have him served and ask for a temporary order hearing to have him removed. Only a judge can legally remove him from his current residence - even if he's not on the lease.

    Look on this website for an attorney in your area.

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  • What type of lawyer I need for parental rights.

    I signed my parental rights back in 2007. Is there a way for me to get visitation rights or open up my case? I signed my rights of my both children to the foster parents. Please help what type of lawyer I need?

    Fran’s Answer

    Without looking at your paperwork it's impossible to truly answer your question. You might want to pay a family law attorney for an hour of their time to review your paperwork.

    If your rights were terminated then the other attorney is correct - it's too late.

    Be advised that once the children turn 18 they are adults and they can contact you.

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  • What can I do at the moment?

    my daughter (10) and her father who has custody but we just found out he is not her biological father and been in and out of a mental hospital since he has had sole custody I have supervised visits what can be done to get this reversed and what ar...

    Fran’s Answer

    You need to talk to a family law attorney. It appears that a court his adjudicated him to be the father of this child. Depending on how much time has lapsed. Finding out now he is not the bio dad might be a relevant. Additionally, if he has had possession of the child for over six months he probably has standing to have custody of the child anyway. Only after meeting with an experienced family law tourney and reviewing all of your paperwork can an attorney give you advice.

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  • How much would it cost me for a simple divorce

    I've been separated for 6 years. I want to get a divorce its clean cut simple divorce no custody no Child support no no property to be divided just you're not married anymore Plain and simple change of the names on your forms on your computer how ...

    Fran’s Answer

    Free Texas forms on

    But if any children were born during the marriage to the woman (even if it's another man) they must be handled.

    If you have minor children you MUST include them.

    Look on this website and get quotes from family law attorneys in your county.

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  • Can he petition the court for a name change even if the DNA test shows the child to be his?

    My husband's mistress gave her child his last name without his consent. He has not seen the child, nor plan to. He asked her for abortion but she refused.

    Fran’s Answer

    If Mom and Dad agree to change the chiild's name it can be done but both parents must agree to it. The court won't force her to change the child's name.

    He will bee ordered to carry the child on his health insurance, play 50% of uninsured medical and pay child support. He cannot be forced to be a part of the child's life. Courts do encourage people to co-parent their children.

    The argument that he wants her to have an abortion is now irrelevant since the child has been born. Now he will support the child until 18 or the child graduate from high school. If the child is disabled, he can be ordered to pay support as long as thee child is alive - even into adult hood

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    Fran’s Answer

    I agree with the other attorneys who have already answered. I suggest you look on this website for a family law mediator.

    Or you can "Google: Houston family law mediator for more options.

    Many courts in Harris County now have a "wheel"published on their website. You can look up your court and see who they have on their wheel.

    Most mediators stat at around $300 per side for 4 hours. Prices can vary.

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