Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. Are there any case laws showing when a mediation agreement takes effect?

    Answered about 1 month ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    4. Bruce Ward Bain
    5. Jerry Harlan Kagan
    6. ···
    6 lawyer answers

    Normally it takes effect on the date agreed to by the parties. Now for enforcement - that would be from the date the judge signs the order where the person is ORDERED to do certain things. Normally in my mediations, I designate when the agreement takes effect -- sometimes it takes effect on a date other than the mediation. I hope this helps.

    5 lawyers agreed with this answer

  2. I am engaged and my fiancé and I want to move to a different city to buy a business. My ex says he will fight to take our son??

    Answered 4 months ago.

    1. Fran Brochstein
    2. Teri A. Walter
    3. Elisse Vickers Woelfel
    3 lawyer answers

    You can move but the child is currently restricted to 25 miles from dad's residence. Just because he is in contempt of court (I assume he's behind in child support and not reimbursing you for medical expenses) does not mean that you get to move. If Dad sees the child frequently and is an active participant in the child's life then many courts will not allow the child to move. I would encourage you to mediate. If you want to move then you need to figure out something that makes the dad...

    5 lawyers agreed with this answer

  3. If a 14 year old child of divorced parents decides to split time with both parents (50/50), who pays child support?

    Answered 4 months ago.

    1. Fran Brochstein
    2. Dawn Anne Renken
    3. Dana Palmer
    3 lawyer answers

    No it is not accurate. You need to sit down with a family law attorney and discuss your options. Look on this website & hire someone. Until a modification of the current paperwork is approved and signed by the judge, he would be still be ordered to pay his child support obligation. The TX law is very clear that just because someone has the child approximately 50% of the time it does not relieve the person of not paying child support. You might look at doing an Expanded Possession...

    5 lawyers agreed with this answer

  4. Can a will be contested that was made prior to knowledge of a having a child. DNA testing was done proving paternity.

    Answered 5 months ago.

    1. Fran Brochstein
    2. Michael Glynn Busby Jr.
    3. Elisse Vickers Woelfel
    3 lawyer answers

    If the father lived in AK, you need to re-post for that state. I recommend he look on this website & hire a AK probate attorney to assist him. I'm sorry for your friend's loss.

    5 lawyers agreed with this answer

  5. Father seperated over 5yrs with my kids now my wife is scheduling mediation what questions should i ask had kids fulltime since

    Answered about 1 year ago.

    1. Fran Brochstein
    2. Mark Allen Land
    3. J. Shannon Cavers
    3 lawyer answers

    I assume you mean the Texas Attorney General's office will be present - not the District Attorney's office. You truly need an attorney present to represent your interests and your children's interests. Do not expect the TX A G office to care about anything but child support. The mediator cannot give you legal advice. Look on this website & hire an attorney. Good luck!

    5 lawyers agreed with this answer

  6. My ex and i will be going to a bench trail for our divorce, what chances do i have as a single mom concerning our house

    Answered over 1 year ago.

    1. Vicki Elaine Wiley
    2. Howard M Lewis
    3. Fran Brochstein
    4. Charles Emmerich Hardy
    4 lawyer answers

    You are not a "single" mom - you are a "divorcing" mom! You need to list all community property that needs to be divided! That includes all real estate as well as "stuff" inside the house - like furniture, linens, pots & pans, appliances, etc. Of course, I recommend that you hire an attorney to represent you.

    5 lawyers agreed with this answer

  7. Stay at home mom for thirteen year with a severe disable daughter if i go into my husbands account would i go to jail

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Michael Glynn Busby Jr.
    4. Jahn Eric Humphreys
    4 lawyer answers

    If you are not on the account, then it is not technically your account. However, make a copy of the balance since it is community funds. Hire an attorney and file for divorce with temporary orders to get some money.

    5 lawyers agreed with this answer

  8. My niece has lived with us since 2003. She just turned ten years old. We have power of attorney but want to adopt.

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Emily S. Gelman
    3. Lawrence John Gibney Jr.
    3 lawyer answers

    Terminating parental rights is very serious and courts don't do it lightly. You really need to sit down with an experienced family law attorney and discuss it. If you have been in Texas over 6 months then Texas now has jurisdiction over you and this child. Look on this website and find an attorney that you like in your area. Several years ago I blogged about this on my old blog (www.txfamilylaw4u.blogspot.com) and you can read about it there. All the best since this child is lucky...

    5 lawyers agreed with this answer

  9. How to prohibit divorce jury from being told which parent had the children the whole time during temporary orders.

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Bruce Campbell Zivley
    3. Alan Kramer Taggart
    3 lawyer answers

    It sounds like you are pro se. I would strongly urge you to retain legal counsel. A jury trial is a complex matter. The jury wants to know what has been happening in the children's lives. They get suspicious if someone tries to hide things from them. It appears that you live in the Houston area. There is the Harris County Law library located in downtown Houston in the old jury assembly building on Congress. It is open and available to the public. You can go down and do research....

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  10. How can I get custody of my 2 kids (age 2 & 3)? Their mother just filed for child support but they live with me.

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. William Tyler Moore Jr
    2 lawyer answers

    I would look on this website for an attorney. You need to first establish your paternity. It sounds like you have had them the majority of the time for over 6 months. However, you are going to have to prove this in a court of law. I assume that their mother is going to deny your allegations. You need to meet with an experienced family law attorney and discuss your case in person. You can prove your case with written evidence and with witnesses. If I were you, I would not go to the...

    5 lawyers agreed with this answer