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Fran Brochstein

Fran Brochstein’s Answers

2,985 total


  • Is there a such thing as putting it in my orders that my rights for child custody extend to my wife?

    My sons mother tells me that if my wife continues to sign his school papers that are to be returned the next school day that she will keep my son from me for a length of time. Right now she is just talking but she has done it before. If I do not...

    Fran’s Answer

    You need to sign his school work. Your wife is not his mom or dad.

    But if she violates the visitation ordered by the judge you can file to hold her in contempt of court.

    There is a way to add your new wife as an additional custodian of the child. But I doubt that your ex would agree to it and it is rarely done - unless one of you was very ill. I've done it but it's when everyone agrees.

    You might want to talk to a lawyer now to prepare for the worst.

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  • Is there a Texas form that both parties sign that will ensure they will not be considered common law married?

    I posted an earlier question but cannot find a way to edit. I'd like to add my significant other to a club membership where the club knows we are not spouses. No fraud intended. Just want to be sure this will not create a common law marriage in...

    Fran’s Answer

    If you list her as a spouse then you probably have a common law marriage in Texas. If you then have her sign a form stating you are not married then the judge can decide which form he/she will use. My Dad did this and never had any issue listing his girl friend on his club membership or car insurance. With all the gay couples around, you certainly cannot be the first non-married couple to ask the club to change the form.

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  • Does such a form exist in Texas to ensure a couple does not become considered common law married if both sign?

    I'd like to add my significant other to a club membership as a "spousal designee", but I don't ever want to be considered "married" because of it. Is there an affidavit that can be executed by both of us on the same date that keeps this from happ...

    Fran’s Answer

    I agree with Attorney Maria. You cannot have it both ways - it can come back to "bite" you in the butt! If you sign paperwork that she's your spouse you have just agreed to be common law married. My Dad had a line-in for years and she was a signer at his club. She was listed as "girl friend" or "authorized user"- never as a wife. He even had her on his car insurance but it was done so that no common law marriage occurred -- really pissed her off when they broke up.

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  • Who responsibility is it to ensure all required documents are filed with the courts doing divorce proceedings in TX?

    IN 2012 I was granted a divorce in the state of Texas. The lawyered I hired never ensured I received the Special Deed of Warranty , nor was the Deed of Trust to Secure Assumption sent to the petitioner. Needless to say neither of these documents h...

    Fran’s Answer

    Those documents should have been filed in the real estate records in the county the property is located.

    Call your former attorney and talk to him/her.

    Were you both "ordered" to appear and sign the paperwork at a certain time and date? If you did not follow the judge's order then you violated the judge's order. It's impossible to fully address without reading your signed decree.

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  • How can I collect back child support?

    My ex owes me $26,698.72. He pays through the Attorney General when they find he has a job. Both my girls are 18 and I would like to collect the lump sum.

    Fran’s Answer

    Pity you waited until your girls are now 18. Now he won't face any jail time. You might want to hire a private attorney and quit wasting your time with the TX A G office. Of course, if he does not pay you might collect if he ever inherits anything or he dies. And then you might get part of his social security when he retires. Talk to a private attorney.

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  • Mediation attendees

    I am going to mediation regarding child support & visitation. My ex wants to bring her significant other, i don't object to their attendance. I prefer to have my spouse attend with me . Do mediators generally allow parties spouse and/or signific...

    Fran’s Answer

    Spouses are ok. Fiances or live-ins are up to the mediator. Talk to your attorney.

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  • Best evidence for visitation interference?

    My ex is living with a cop. When i try to pick up my child he comes out and interferes with my conversation with police because ex won't allow visitation. Trying to get the report filed and he starts chatting with police and ends up police don't d...

    Fran’s Answer

    So take a friend or relative with you that's willing to come to court to testify what they saw.
    The "magic" piece of paper from the cops is just a piece of paper.
    A witness is actually better since that person can testify to what they saw and heard.

    Also, hire a lawyer and begin building your case.

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  • Child attend mediation?

    Can a 12 year old attend mediation?

    Fran’s Answer

    I've done it but everyone has to agree.

    Someone drives the child over and I interview them in private. Then someone takes the child away.

    If the kid does not talk it's a waste of time.

    If the child has been "coached" it can work to your disadvantage.

    Why does the child even know what's going on -- are there injunctions against discussing the case with the child - if so then the child should not be aware of what's happening.

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  • Preparation for Mediation

    I have an attorney. For my own personal reference, is there a website or guide to preparing yourself for post judgment divorce mediation?

    Fran’s Answer

    There are many mediation websites. None specifically address post divorce mediation. So just google and read.

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  • My daughter is the mother of two young boys and the father is known for drugs, drinking and violence.

    How do we gain sole custody. He has been in jail many times for drugs and violence. We need help as we fear that he will hurt the kids due to his violent nature. He has no home as lives where ever he can but wants to have the kids for a weekend at...

    Fran’s Answer

    Hire a lawyer. Look on this website and hire one immediately.

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