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Fran Brochstein

Fran Brochstein’s Answers

3,175 total

  • 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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  • Why is this legal? How can I have so much evidence against this yet Moral Encompass is very obviously being neglected?

    The mother of our child physically removed herself from our home more than 7 months ago. We put together a civil Custodial Agreement after she left us stating I have full custody. We both signed it and had it notarized for authentic acknowledgemen...

    Fran’s Answer

    You might want to ask for an amicus attorney to represent the child's interests if you think that the situation at mom's is bad.

    You definitely need an attorney's guidance and assistance in this matter.

    The paper you had notarized is not binding on a judge.

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  • Do I have no claim to our home since his mom paid off mortgage 7 years ago and we are divorcing now?

    Me and my ex bought a house and paid on it for two years . His mother paid off our mortgage 7 years ago and we are now going through a divorce 7 years latter after paid off . His atty is saying he should get the house cause his mom paid off our mo...

    Fran’s Answer

    Hire a lawyer. It's presumed a joint gift since the house is owned by both of you. His layer is advocating for his client -- not for your benefit.

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  • Can I move in with my mom at 17?

    I live with my stepdad right now, and I'm 16. My mom and him were previously together, but not married. When she left my stepdad, my biological father had to sign over his rights but I don't know if it's split custody between my stepdad and my mom...

    Fran’s Answer

    You are under the court's control until you reach 18. Since you don't know who has legal custody over you it's impossible to answer your question fully.

    I doubt that stepdad has legal custody if he and your mom were never married. I would suggest that you talk to your mom. She can get a certified copy of the court's order regarding your custody. She can go to the Harris County Civil Courthouse and order a copy Monday - Friday. It costs $1 per page.

    If your stepdad legally adopted you then he is your legal father for all purposes. If he has legal custody then you have to do what he wants until you turn 18.

    Or, you mom can petition the court to modify the current court's order.

    Good luck!

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  • Can I file a motion to enforce so that my ex will have to adhere to the decree, and add our child to a health insurance policy?

    My ex-spouse lost his job a month ago. I have custody, my ex has been paying child support and carries medical insurance as per the divorce decree. Since the job loss, I am now not getting child support (it was withheld through employer), and what...

    Fran’s Answer

    You can apply for CHIPS insurance. If you qualify it is very reasonably priced. Or, You can purchase insurance for the child and then ask the judge to order ex to pay. Blue Cross Blue Shield used to offer a plan for kids for under $150 a month.

    I would encourage you to talk to ex and see if ex expects to get a job soon. I suspect that your decree states that if insurance lapses then that party becomes 100% responsible for all costs. So if ex was ordered to pay insurance then the ex should take out the insurance policy and pay for it.

    When ex gets a new job, someone will need to have the Employer withholding order sent (cost around $15) so that the employer knows to withhold from earnings.

    If ex loses jobs frequently then you just need to add the child to your policy or purchase insurance.

    You probably need to hire a family law attorney to assist you.

    Unfortunately it is difficult for a judge to make a parent be a "responsible" parent.

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  • We have the divorce papers and they have been notarized but not yet filed.Will they expire

    and my husband was together 4 years then married August 2014 marriage made everything worse than it was before getting married so I couldn't take it anymore and we separated in September 2014 haven't been together since. We have kids that he does ...

    Fran’s Answer

    It sounds like you have not done it properly. A person cannot waive their rights until a lawsuit has been filed. Therefore, the notarized form (probably the Waiver of Service for Respondent to sign) will NOT be valid if notarized BEFORE the divorce was filed.

    If both of you have notarized your signatures, I'm guessing that you did not use Texas approved forms. Texas does not require the Petitioner to notarize the Petition or the Final Decree of Divorce.

    I would hire an attorney in your county to make sure that it's done correctly.

    Good luck!

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  • Hague Convention rights (US vs Kenya)

    What are the consequences or remedies of unlawful abduction and kidnapping in absence of a treaty agreement between member and non-member nations to the Hague Convention on Civil Aspects of International Child Abduction...

    Fran’s Answer

    I agree with the other attorney that already answered. You have asked a very vague question. You need to meet with an attorney in person to discuss the specific facts of your particular case. This website is for general informational purposes only and no one should rely 100% on the general comments posted by an attorney. Only after meeting in person with a qualified family law attorney can your question be fully answered. Good luck.

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  • Who keeps the engagement ring?

    Engaged for a year. Living together for four years, have a shared bank account and both names on the title of the car. Recently found out about unfaithfulness There has also been some physical abuse

    Fran’s Answer

    Generally an engagement ring is the promise to marry. Once married it is a completed gift. Here you are not married so no completed gift. You might have a common law marriage if you filled out paperwork saying you were husband and wife. Merely living together is not enough for a common law marriage in texas. You might want to meet with an attorney in person.

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  • And if it does can we sign a prenuptial so I am not effected?

    My boyfriend and I recently got engaged. He has horrible credit and a very large debt from credit cards and student loans. Once married am I responsible for his debt and will his poor credit effect my credit score?

    Fran’s Answer

    It is his separate property debt since it occurred before marriage. However, I urge you to document it NOW in case you divorce years from now.

    I would not open any joint bank accounts or joint credit cards.

    His bad credit will impact your ability to purchase a home if you plan to use his income to purchase a home.

    A pre-nuptial document is not magical. It would probably be helpful in your situation but you need to basically live like 2 single people.

    If you comingle money or other assets it can be a problem. You definitely do not want to sign any paperwork that states you will be liable for any of these debts.

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