Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. Should my husband keep paying child support for his 1st 3 children?

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Adam Kielich
    3. Jeffrey S Johnson
    3 lawyer answers

    If your case is in Harris County, you will always appear in front of the same judge. It is impossible to answer your question without sitting down with you in person and looking at the paperwork. Quite frankly, what you describe does not make any sense. For example, a Texas judge had not jurisdiction over federal income taxes. I recommend that your husband talk to his CPA about the tax deductions on the children. If your husband owes past-due child support to his ex or to the...

    7 lawyers agreed with this answer

  2. What is the process to obtain power of attorney over an elderly relative that can no longer make medical decisions?

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Charles Adam Shultz
    3. Orsen E. Paxton III
    3 lawyer answers

    I assume that she has not executed a power of attorney form. I also assume that she is no longer mentally competent to execute one. If so, she cannot do one now. You can certainly consult with an attorney about your rights. However, being a grand-child, you would not be next of kin. Normally, next of kin would be her husband then her children. Grandchildren come after husband and children. So I assume that there are people that are ahead of you in the decision making line of...

    7 lawyers agreed with this answer

  3. The past 3 months my 15-1/2 yr old has been increasingly defiant with me as a result of his non custodial father's planned

    Answered 4 months ago.

    1. Fran Brochstein
    2. Michael Glynn Busby Jr.
    3. Daniel Lee O'Neil
    4. Maria Sara Lowry
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    It sounds like the child needs to be in counseling. You need to consult with an attorney in person about your issues. Look on this website & hire one. At 15, the judge can interview the child in chambers about his wishes. It is not binding on the judge. I had a boy smoking dope with his dad - Dad did not get custody. If he is "abusive" then perhaps you need supervised visits. No judge can "magically" make your son love, respect and want to be with you. Many boys want to...

    Selected as best answer

  4. Will the judge grant me the temporary custody order to the final decree

    Answered over 1 year ago.

    1. Fran Brochstein
    2. William Tyler Moore Jr
    3. Vicki Elaine Wiley
    4. Mark Anthony Cohan
    5. Andrew Davis Oostdyk
    6. ···
    6 lawyer answers

    You need to have a teacher testify about what you wrote about & I doubt the judge would allow him to keep the kid until Monday mornings. Teachers make great witnesses because they are impartial. HIRE AN ATTORNEY!

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  5. My friend wants to get emancipated. She'll be turning 17 this year. What do we do? She wants to stay at my place....

    Answered 8 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Jimmie Lee J. Brown Jr.
    4. Dorothea Elaine Laster
    4 lawyer answers

    Apparently there is a court of continuing jurisdiction over her if her parents divorced. She would need to go to that judge and ask to have her "disabilities" removed. You can read the TX Family Code on the Removal of Disabilities (aka emancipation). She must be totally self-sufficient - a job that she can support herself. You and your parents cannot help her financially. Unfortunately, most teen-agers are not self sufficient. Her parents would both have to be notified about the...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Looking to relocate to different state but custody agreement states I have to reside in current county. What do I need to do?

    Answered 12 months ago.

    1. Fran Brochstein
    2. Jennifer Lynn Barnett
    3. Mark Allen Land
    4. Rengin Jamal Bekhtyar
    4 lawyer answers

    You need to file a modification to remove the residency restriction. You need a tough, smart attorney to help. You need to be able to prove that ex only saw the kids "every few months" for the past couple of years to help get the residency restriction lifted. It appears that you live in Harris County so this website has plenty of great attorneys for you to choose from. Just look around - ignore the rating system - plenty of good attorneys have not "claimed" their listing. You might...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. COMMON LAW MARRIAGE IN TX

    Answered 4 months ago.

    1. Fran Brochstein
    2. Heather Marie Bachman
    3. Brandon Paul Rasley
    4. Jonathan Wotell Charnitski
    4 lawyer answers

    You are married until you are divorced. You cannot establish a common law marriage if you are currently married to someone else. It does not matter how long you have lived together. I've had couples live together 12 years and not be common law married. Texas does have common law marriage but you don't qualify until your divorce is finalized. Then you must do certain acts in order to establish a common law marriage. Or you can go to the county clerk's office and register your relationship...

    6 lawyers agreed with this answer

  8. I have PMC of a family members child. Does a MSA prevent a biological parent from trying to get their child back in the future?

    Answered 6 months ago.

    1. Maria Sara Lowry
    2. Fran Brochstein
    3. Dorothea Elaine Laster
    4. Mack J. Travers
    5. Brandi Michelle Michaelis Underwood
    5 lawyer answers

    The MSA is irrevocable until the next court order is issued. A person cannot waive their rights to attempt to modify the legal document in the future. You live in Houston and there are lots of family law attorneys here. Look around and talk to one about the specific details of your case.

    6 lawyers agreed with this answer

  9. Can a non custodial parent who is unable to pay child support be allowed to visit her child?

    Answered 6 months ago.

    1. William Tyler Moore Jr
    2. Fran Brochstein
    3. Maria Sara Lowry
    4. Dorothea Elaine Laster
    4 lawyer answers

    I agree with the other attorneys - you need a personal consultation with an attorney. Be advised that this child support comes BEFORE your monthly living expenses. You knew you had to support this child when you chose to stay at home and had 2 more children. Technically, this child gets to "eat" before your other children. Harsh -- but that is Texas law. Even if you don't work, your child support will be based on minimum wage job at 40 hours per week. If you want to hold him in...

    6 lawyers agreed with this answer

  10. My ex spouse has no DUIs but drinks a lot in front of my teen son. When I way a lot I mean he has parties where friends are gett

    Answered about 1 year ago.

    1. Fran Brochstein
    2. Stephen Andrew Hamer
    3. Michael Glynn Busby Jr.
    3 lawyer answers

    Anything that happened during your marriage cannot be mentioned again. The date the judge signed the Final Decree of Divorce started the slate clean for both of you. The history is irrelevant. I assume that your divorce attorney told you that when you divorced. The problem with filing a modification is that the burden is on you to prove that it is a change of circumstance. Did he drink before you divorced? If so, no change in circumstance. You have to prove that this is a dangerous...

    6 lawyers agreed with this answer