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Fran Brochstein

Fran Brochstein’s Answers

2,983 total


  • Does such a form exist in Texas to ensure a couple does not become considered common law married if both sign?

    I'd like to add my significant other to a club membership as a "spousal designee", but I don't ever want to be considered "married" because of it. Is there an affidavit that can be executed by both of us on the same date that keeps this from happ...

    Fran’s Answer

    I agree with Attorney Maria. You cannot have it both ways - it can come back to "bite" you in the butt! If you sign paperwork that she's your spouse you have just agreed to be common law married. My Dad had a line-in for years and she was a signer at his club. She was listed as "girl friend" or "authorized user"- never as a wife. He even had her on his car insurance but it was done so that no common law marriage occurred -- really pissed her off when they broke up.

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  • Who responsibility is it to ensure all required documents are filed with the courts doing divorce proceedings in TX?

    IN 2012 I was granted a divorce in the state of Texas. The lawyered I hired never ensured I received the Special Deed of Warranty , nor was the Deed of Trust to Secure Assumption sent to the petitioner. Needless to say neither of these documents h...

    Fran’s Answer

    Those documents should have been filed in the real estate records in the county the property is located.

    Call your former attorney and talk to him/her.

    Were you both "ordered" to appear and sign the paperwork at a certain time and date? If you did not follow the judge's order then you violated the judge's order. It's impossible to fully address without reading your signed decree.

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  • How can I collect back child support?

    My ex owes me $26,698.72. He pays through the Attorney General when they find he has a job. Both my girls are 18 and I would like to collect the lump sum.

    Fran’s Answer

    Pity you waited until your girls are now 18. Now he won't face any jail time. You might want to hire a private attorney and quit wasting your time with the TX A G office. Of course, if he does not pay you might collect if he ever inherits anything or he dies. And then you might get part of his social security when he retires. Talk to a private attorney.

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  • Mediation attendees

    I am going to mediation regarding child support & visitation. My ex wants to bring her significant other, i don't object to their attendance. I prefer to have my spouse attend with me . Do mediators generally allow parties spouse and/or signific...

    Fran’s Answer

    Spouses are ok. Fiances or live-ins are up to the mediator. Talk to your attorney.

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  • Best evidence for visitation interference?

    My ex is living with a cop. When i try to pick up my child he comes out and interferes with my conversation with police because ex won't allow visitation. Trying to get the report filed and he starts chatting with police and ends up police don't d...

    Fran’s Answer

    So take a friend or relative with you that's willing to come to court to testify what they saw.
    The "magic" piece of paper from the cops is just a piece of paper.
    A witness is actually better since that person can testify to what they saw and heard.

    Also, hire a lawyer and begin building your case.

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  • Child attend mediation?

    Can a 12 year old attend mediation?

    Fran’s Answer

    I've done it but everyone has to agree.

    Someone drives the child over and I interview them in private. Then someone takes the child away.

    If the kid does not talk it's a waste of time.

    If the child has been "coached" it can work to your disadvantage.

    Why does the child even know what's going on -- are there injunctions against discussing the case with the child - if so then the child should not be aware of what's happening.

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  • Preparation for Mediation

    I have an attorney. For my own personal reference, is there a website or guide to preparing yourself for post judgment divorce mediation?

    Fran’s Answer

    There are many mediation websites. None specifically address post divorce mediation. So just google and read.

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  • My daughter is the mother of two young boys and the father is known for drugs, drinking and violence.

    How do we gain sole custody. He has been in jail many times for drugs and violence. We need help as we fear that he will hurt the kids due to his violent nature. He has no home as lives where ever he can but wants to have the kids for a weekend at...

    Fran’s Answer

    Hire a lawyer. Look on this website and hire one immediately.

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  • How much does a undisputed Divorce with no financial gain or loss and no kids completely non disputed cost on the avaerage

    Just want the divorce both of us nothing else period

    Fran’s Answer

    Filing fee around $300/

    Go on www.texaslawhelp.org and try to do it yourselves.

    Don't waste your time and money on other sites that advertise on tv and radio - they are garbage.

    Above site is Supreme Court of Texas approved forms and FREE!

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  • We are seeking answers on how our daughter can take sole custody and take away rights to the father.

    The father does not live with them. He has been in jail many times for drinking, family violence and drugs. He fell with one of my grandsons and gave home an injury to the head. Our daughter is wanting him out of there lives forever and we feel he...

    Fran’s Answer

    You need to hire an experienced family law attorney to help you.

    He would probably get supervised visits that he's have to pay for.

    I doubt that a court would terminate his rights.

    She should not do anything without talking to a lawyer in person.

    Signing something is probably not going to help her - in fact - it could hurt her! Hire an attorney NOW!

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