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Fran Brochstein

Fran Brochstein’s Answers

3,018 total


  • How do I respond to a "Suit Affecting the Parent-Child Relationship"?

    I am my daughters custodial parent. I filed for child support against her father and already have a courtdate set. I was served with legal papers last week. The papers state: "You have been sued, you may employ an attorney. If you or your attorney...

    Fran’s Answer

    • Selected as best answer

    I would look on texaslawhelp.org for a form called "Answer". Make 3 copies and file it at courthouse - free. Send copy to his attorney and retain one copy for your files. In your Answer include that there is another case pending - obviously the district clerk's office did not catch it. You need to include a copy of the other court date since the district clerk and his attorney might not know about it. Good luck!

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  • Can a mother with joint custody move to another state without letting the father know in Texas? What can be done about this?

    My current fiancé has been divorced for 2 years and have joint custody with his child's mother. They have a divorce decree and child support order in place. The mother decides to up and move to another state without notifying the father, the court...

    Fran’s Answer

    Time is of the essence. You need to immediately go see a family law attorney and file to have the children returned to Texas. If you wait then you waive your right to her violating a court's order. Good luck!

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  • What will divorce lawyer advise?

    Married with kids and doing well financially. I was looking for change in my husband's wallet and accidentally found out that he has secret checking and credit accounts and has spent at least $110,000 on the credit account in the past two years (...

    Fran’s Answer

    I assume you file joint tax returns. That is a good place to start.

    If you can make copies of anything and put them in a safe place - not at home or in your car - that's a good idea.

    Write down all the info you have gathered and put it somewhere safe - not at home or in your vehicle.

    Start looking on this website for an attorney.

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  • My brother got a girl pregnant, but she didn't tell him till a few weeks before birth and gave the baby away. He wants custody.

    The girl gave the baby to another family to adopt and he only found out after he received the paperwork. He has a criminal history but my mom is willing to help or be the official parent if that will help. The adoptive people wont even talk to him...

    Fran’s Answer

    File an "Answer" with the court to let the judge know that he's interested in the lawsuit.
    Hire an attorney.
    Talk to the amicus attorney appointed to represent the child's best interests.
    Do it today!

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  • Assistance for child support

    The mother of an 11 year old child has opened a child support case on me. I have acted and told people i am his father and have even written her a letter stating I'm his father. This is a different request, but would any lawyer be willing to take ...

    Fran’s Answer

    In Houston DNA testing is now routinely done.

    Hire a lawyer.

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  • Out of state child back support being mishandled/ family law

    i live in Michigan with my child, my child support is being handled thru state of Michigan which directed state of Texas (place where my ex lives) for the child support, back child support issues. The child support order is done but as far as my b...

    Fran’s Answer

    The Attorney General does not represent you or your interests. You have obviously finally figured this out. It might be too late to re-visit the matter. But I urge you to talk to a Texas attorney in the county where the case is being handled. Usually past due child support is set at around $100 extra per month. The past due money still accrues interest at 6%.

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  • Will a judge order joint custody and set visitation with my daughters father at 7 days on and 7 days off even if I don't agree?

    I am a unmarried single mother of a 1 year old daughter. My ex and I have been split up for 2 months and have a custody hearing next week. I agree to joint custody and visitation every other weekend. My daughter is in daycare full time while I am ...

    Fran’s Answer

    He can ask for anything and everything but it does not mean that the judge will give it to him. You need an attorney immediately. Please look on this website and find an attorney today.

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  • Can I give a family member power of attorney over my child so that they can register them in school while living with them?

    I've posted here before on this matter and have been told to hire a lawyer and file for a change in custody, but that seems really over the top here in my case. I don't want to lose rights to my son or have to go through a legal mess to get custod...

    Fran’s Answer

    I believe there is a power of attorney form that you can have notarized and use. I believe the dad's signature is required too. You can look on www.texaslawhelp.org and see if the form is on that website for free. It's the best Texas free legal form website that I know of on the internet.

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  • Will l have to pay spousal support if my only income is social security? I am in Texas.

    We have been married 30 years. She has never worked during this time. She is too young for social security and considers herself disabled (never diagnosed). I have no retirement.

    Fran’s Answer

    You need a lawyer. Look on this site. If you guys have no money then she won't get much. 50% of 0 is 0!

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  • Will CPS conduct a hair follicle test on me in order for me to obtain custody of my daughter. Cps is not on my case but my ex.

    My ex girlfriend recently got two of her four children taken by cps. She gave me my daughter and she sent her older son to his dad's. CPS is asking about my daughter, she told them she's with her dad, but hasn't given them my information, becaus...

    Fran’s Answer

    Hire a lawyer now and do whatever the attorney says. . Good luck!

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