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Fran Brochstein

Fran Brochstein’s Answers

3,095 total

  • Do I have to let my son go to his fathers house for visitation

    my ex my sons father is out on bond for assaulting a woman in front of children its a felony because it's a 3rd strike should I let my son go over there knowing that he's extremely violent person and now he could possibly be going to jail

    Fran’s Answer

    Sounds like modification time.

    Look on the website and hire an attorney.

    If you don't send the child then ex can file contempt on you. You will have to prove to the judge that it's dangerous for child to be with him - not something that easy to prove.

    So file a modification.

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  • How can I file child support modification because the Atty General said they can't help since it was established in court.

    Seven years ago I was divorced. The NCP has been making significantly more money than when the order because effective. He told me if I file for modification he will fight me for primary custody because my house isn't the best shape. But if he wer...

    Fran’s Answer

    South Texas College of Law has a huge legal clinic.

    Shop around for an attorney. Avoid board certified attorneys since they charge more by the hour.

    We are not allowed to ask for business or make a referral on this website.

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  • How do I get a divorce in the state of Texas? We have been separated for 3 years, and have no children or property. Thank you

    And how much does it cost?

    Fran’s Answer

    You can try to do it yourself. --Farr texas approved forms
    Filing fee Nader $300

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  • As a a domestic partner in TX, what are my rights in a break up of the relationship?

    My name is Diana, I am a resident of Texas and for the last three years I have been living in a domestic partnership. He and I met four years ago online. I was living in Wisconsin and he was living in Texas. After a year of dating long-distance, h...

    Fran’s Answer

    The vehicle is owned by both of you.

    If you did not sign any paperwork regarding the $2000 money then he will probably have a hard time collecitig it. He can sue but it does not mean that he will automatically win. If he gave it to you as a "gift" then you don't have to re-pay it.

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  • How do I get Power of Attorney for my elderly mom?

    My mom's mental health is rapidly deteriorating and her doctor suspects it's Alzheimer's. I need to be able to perform certain tasks and take care of her finances for her. What do I need to do to get Power of Attorney? Thank you! Pete

    Fran’s Answer

    From my personal experience (1) time is of the essence and (2) you need more than a power of attorney.

    You need:
    1. medical power of attorney
    2. HIPAA release to talk to doctors
    3. future designation of guardian
    4. will
    and perhaps some other documents

    Also, don't expect all banking institutions to accept a power of attorney. It's best to call every place she has money. What is their company policy? You might need to be added as a signer on her account.

    My parents banks (and investment companies) made them come into their office and sign the paperwork with their notary and witnesses while I sat outside the room.

    I'd talk to an attorney immediately.

    If she is no longer mentally competent then your window to do these documents has ended.

    If you have siblings it might be appropriate for a family meeting so that everyone is on the same page. I find that siblings like to sue at the courthouse and all your mom's money will disappear in legal fees if that happens.

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  • Divorce case pending in Victoria County.

    Both parties moved out and one party filed the motion to tranfer the case to houston. court has not even considered the request and ordered for mediation.....I really want the case out of that court because the other party is getting all decisions...

    Fran’s Answer

    Just because you moved does not mean the court lost jurisdiction. The jurisdiction is on the date the case was filed.

    It does not appear that you have an attorney. You need one.

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  • Can I file for a modification?

    Hi- My child support order was finalized in June 2015. I have discovered that I am not receiving the full twenty percent (about $100 less). I have verified my calculations with numerous people - and two attorneys. Can I go back and have this m...

    Fran’s Answer

    You can file anytime. It does not mean that you will get a judge to change the c.s.

    Usually have to wait over a year or TX A G 3 yaars.

    Since you are talking about less than $1200 a year the legal feees might discourage you from pursuing at this time.

    Also, if Judge ordered it then I doub the jufge would modify after 4 months.

    So go hiire one of the attorneeys you talked to.

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  • Can a 17 yr old who has lived with her step mother for 12 years and the past 4 yrs her dad has been in prison. stay with her?

    Her bio-mom is MIA. Her dad and I divorced approx 3 yrs ago after he was in prison for a year. She considers me her mom. He just remarried a pen pal and is still in prison. now he is trying to remove her from the only stable loving home she's ...

    Fran’s Answer

    You an file for custody.

    The moment he turns 18 he is an adult in Teexas and she's on her own.

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  • What do I take to get a divorce? Do I really need a lawyer because we don't own anything together there's no property or childre

    We have been married for about 2 months and the only thing we have together is we are renting a home and he is on my health insurance

    Fran’s Answer

    Look on for Supreme Court of Texas approved divorce forms.

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  • Should I let my children travel with her mother to grandma's house even though it is probable she won't come back?Can I stop it?

    My wife and I might get divorce. She wants to travel with my children to her mother's house. I think it is probable that she won't come back. Should I say no to that travel? Can I stop it? Or should I just leave evidence that I did not agree with ...

    Fran’s Answer

    You cannot stop her from taking the children.

    If she does not return, immediately file for divorce asking for temporary orders and have her served. You will need to know the exact address of where she is staying in the other state.

    Anticipate spending attorney fees in excess of $5,000 to get the kids back.

    Plan it taking at least 6 weeks to get a hearing to get your kids back.

    I personally would talk to a family law attorney NOW and not wait.

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