Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. When is it safe to sign a Waiver of Service form?

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Eric Richard Little
    3. Stephen L. Baker
    4. Jerry Cole Brooks
    4 lawyer answers

    I agree with the other attorney - the paralegal is committing a felony & if the judge finds out, the judge will turn the paralegal over to the District Attorney's office. One Harris County judge enjoys doing this to paralegals since most cannot prepare paperwork properly & they get caught regularly practicing law without a license in Harris County. Obviously, the paralegal does not know what he/she is doing so buyer beware. It does not sound like an attorney reviewed this paperwork which is...

    6 lawyers agreed with this answer

  2. I need representation! My husband filed for divorce last month. I have proof of his abuse.

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Fran Brochstein
    3. Jacqueline R. Kriebel
    4. Mysti Dawn Neal Murphy
    4 lawyer answers

    I'm in Houston. Here are a few ideas -- Call the San Antonio Bar Association and see if they have a local pro bono association. Be advised that most pro bono associations are stretched thin and that their wait lists are long. Start calling attorneys on this website. Ignore the ranking system since many good attorneys have not "claimed" their avvo listing. Most family law attorneys accept payment plans. Plus, if your husband controls all the assets of your marriage, your attorney...

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  3. How to get poa if my spouse is incappacitated

    Answered over 1 year ago.

    1. Arthur Harold Geffen
    2. Fran Brochstein
    3. Donna Dorothy Bergen
    3 lawyer answers

    I agree with the other attorney that has already answered. If he cannot sign a legal document, then he cannot execute the required paperwork. You need to talk to an attorney that handles estate planning/probate. There are many in your area. Look on this website and on the State Bar of Texas website. I'd also ask friends and family for a referral in your area. I'm sorry that you are going through this horrible experience. All the best to you and your family.

    6 lawyers agreed with this answer

  4. If I went to mediation today and I had a court date on the 16th in about a week and a half

    Answered 13 days ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    4. Bruce Ward Bain
    4 lawyer answers

    I agree with Attorney Lowry. Read the Mediated Settlement Agreement. If it contains language that if you signed that you could not revoke it later, then it is binding on you. There is no time period to change your mind. If you did not sign a MSA, then you have a court date on the 16th and you need to appear. I hope this clarifies your questions.

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  5. When I die can I appoint a guardian for my child if father has joint custody but not involved& dont pay ordered support?

    Answered 3 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    4. Mark Allen Land
    4 lawyer answers

    It's rarely done but the mother can petition the court to add another conservator to the current court order with some rights. Then if she dies that person has legal standing to ask the court to appoint them the primary conservator. Dad would need to be served. I did several cases like this when I worked at Houston Volunteer Lawyers and I had one parent dying and the other parent was "absent" (drugs, alcohol, etc.), The judges did it in all my cases -- over 20 years ago -- different...

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  6. My final divorce decree don't make sense please help.

    Answered 3 months ago.

    1. Fran Brochstein
    2. Dorothea Elaine Laster
    3. Adam Kielich
    3 lawyer answers

    Even with joint custody, normally one parent makes the final decision regarding where the child's residence is located. There has to be a "decision maker" if the two of you don't agree. Even if she makes the final decision you should have the right to know about what is going on and be listed to be contacted in case of an emergency. Take a certified copy of your legal document to the daycare and let me review it. It sounds like your decree has been in place awhile. If not, then do what...

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  7. How do I file a motion to reopen a case? and file a complaint against the court clerk?

    Answered about 1 year ago.

    1. Fran Brochstein
    2. Michael Glynn Busby Jr.
    3. Mark Allen Land
    3 lawyer answers

    Do you have a file stamped copy of the general denial answer you filed. if so you are safe. Just file the copy with the court. The court's recognize the imaging system is faulty. It's your responsibility to have a copy of the file stamped copy in your possession. The custodial parent can only go back to the last court order to ask for child support. The issue regarding while you had custody is irrelevant. You had the opportunity to ask for child support and you did not ask. It's a...

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  8. Does class a misdemeanor effect child custody

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Daniel Jason Corno
    2 lawyer answers

    You need to file to modify the current visitation agreement. You are in Houston so there are many fine attorneys. So look on this website & hire one. Many offer a free consultation. Most offer payment plans. I would try to be in an attorney's office tomorrow. I assume that you took photos of the bruises. Do you have any witnesses that are willing to come to court to also testify that they observed these bruises?

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  9. Can my husband abandon me without divorce papers?

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Howard M Lewis
    2 lawyer answers

    You do not need to leave. You cannot be evicted until a judge evicts you. So the landlord would need to evict you by the proper eviction process in the State of Texas. If he leaves, you could file for divorce and ask for temporary orders. In the temporary orders you could ask for temporary spousal support in order to get some time to get your life re-started. I would sugest that you start looking for a job now. The judge is not going to force your husband to support you for a long...

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  10. As far as child support and visitation rights, does my child's father have the right to take him to his city 4hrs away from me?

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Mark Anthony Cohan
    2 lawyer answers

    I am going to suggest that you sit down with an attorney in person and discuss your questions. You do not mention the age of your child. If the child is a newborn then usually the visits will be short and frequent - usually not over-night until the child is 3 years old - unless you agree to it voluntarily. If you are breast-feeding, then visits will be based around the baby's feeding schedule. As you can see, a lot will be based on the child's age and needs. If the child is over the...

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