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Fran Brochstein

Fran Brochstein’s Answers

3,170 total

  • Can I file a motion to enforce so that my ex will have to adhere to the decree, and add our child to a health insurance policy?

    My ex-spouse lost his job a month ago. I have custody, my ex has been paying child support and carries medical insurance as per the divorce decree. Since the job loss, I am now not getting child support (it was withheld through employer), and what...

    Fran’s Answer

    You can apply for CHIPS insurance. If you qualify it is very reasonably priced. Or, You can purchase insurance for the child and then ask the judge to order ex to pay. Blue Cross Blue Shield used to offer a plan for kids for under $150 a month.

    I would encourage you to talk to ex and see if ex expects to get a job soon. I suspect that your decree states that if insurance lapses then that party becomes 100% responsible for all costs. So if ex was ordered to pay insurance then the ex should take out the insurance policy and pay for it.

    When ex gets a new job, someone will need to have the Employer withholding order sent (cost around $15) so that the employer knows to withhold from earnings.

    If ex loses jobs frequently then you just need to add the child to your policy or purchase insurance.

    You probably need to hire a family law attorney to assist you.

    Unfortunately it is difficult for a judge to make a parent be a "responsible" parent.

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  • We have the divorce papers and they have been notarized but not yet filed.Will they expire

    and my husband was together 4 years then married August 2014 marriage made everything worse than it was before getting married so I couldn't take it anymore and we separated in September 2014 haven't been together since. We have kids that he does ...

    Fran’s Answer

    It sounds like you have not done it properly. A person cannot waive their rights until a lawsuit has been filed. Therefore, the notarized form (probably the Waiver of Service for Respondent to sign) will NOT be valid if notarized BEFORE the divorce was filed.

    If both of you have notarized your signatures, I'm guessing that you did not use Texas approved forms. Texas does not require the Petitioner to notarize the Petition or the Final Decree of Divorce.

    I would hire an attorney in your county to make sure that it's done correctly.

    Good luck!

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  • Hague Convention rights (US vs Kenya)

    What are the consequences or remedies of unlawful abduction and kidnapping in absence of a treaty agreement between member and non-member nations to the Hague Convention on Civil Aspects of International Child Abduction...

    Fran’s Answer

    I agree with the other attorney that already answered. You have asked a very vague question. You need to meet with an attorney in person to discuss the specific facts of your particular case. This website is for general informational purposes only and no one should rely 100% on the general comments posted by an attorney. Only after meeting in person with a qualified family law attorney can your question be fully answered. Good luck.

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  • Who keeps the engagement ring?

    Engaged for a year. Living together for four years, have a shared bank account and both names on the title of the car. Recently found out about unfaithfulness There has also been some physical abuse

    Fran’s Answer

    Generally an engagement ring is the promise to marry. Once married it is a completed gift. Here you are not married so no completed gift. You might have a common law marriage if you filled out paperwork saying you were husband and wife. Merely living together is not enough for a common law marriage in texas. You might want to meet with an attorney in person.

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  • And if it does can we sign a prenuptial so I am not effected?

    My boyfriend and I recently got engaged. He has horrible credit and a very large debt from credit cards and student loans. Once married am I responsible for his debt and will his poor credit effect my credit score?

    Fran’s Answer

    It is his separate property debt since it occurred before marriage. However, I urge you to document it NOW in case you divorce years from now.

    I would not open any joint bank accounts or joint credit cards.

    His bad credit will impact your ability to purchase a home if you plan to use his income to purchase a home.

    A pre-nuptial document is not magical. It would probably be helpful in your situation but you need to basically live like 2 single people.

    If you comingle money or other assets it can be a problem. You definitely do not want to sign any paperwork that states you will be liable for any of these debts.

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  • Is there anything i can do about this towards my Custody as the Father as i dont deem her fit to have custody after knowing this

    I have a Newborn in the NICU and the mother of my child as been known for smoking Marijuana before preganancy. Now that the baby is born i suspect she is smoking again while breastfeeding.

    Fran’s Answer

    It appears that the baby tested negative at birth or CPS would have taken custody of the baby.

    Some courts in Harris County do not consider pot smoking that important.. It will depend on the judge.

    Yoou need a lawyer..

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  • Request for guardian ad litem (GAL)

    Could Family Court appoint, at my behest, a guardian ad litem (GAL) for my underage daughter (7) at the expense of the State?

    Fran’s Answer

    Family judge will appoint an attorney to represent the child's interest but the parents pay for it. No freebie.

    You need to hire an attorney to represent your interests. look on this site and hire one.

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  • Do I have to provide a parental visitation schedule in the case of a divorce with one child under the age of 3?

    My husband and I have decided to divorce. We have one child, under the age of 3. My husband has agreed to grant me sole conservatorship. I do not agree to the standard visitation schedule recommended by Texas. Is it possible for me to be granted s...

    Fran’s Answer

    Most Harris county judges don't like deviating from texas laws. Visitation by mutual agreement usually does not work long term.

    You need to talk to an experienced family law attorney in person.

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  • Can I move out of my parents house when I turn 17 if I have a stable place to go to or do I have to emancipate myself?

    I'm a 16 year old girl, I'll be 17 in February. I want to move out of my parents house when I turn 17. I know the age of consent in Texas is 17 so moving in with my boyfriend wouldn't be a legal problem on that aspect but could my parents still ...

    Fran’s Answer

    It does appear that you ca emancipate. You use be totally self-supporting. Merely living with a boyfriend is not enough to be emancipated.

    In Texxas emancipation is called "removal of disabilities" - you can read all about it on-line for free - look in the texas family code.

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  • Is mother allow to take the baby out of state and what can my son do to protect his rights as the father?

    My son and his girlfriend lives with me and they have a baby (18 months old). My son signed the birth certificate as well as the Affidavit of Paternity. Since birth, the baby has been in my home with a stable and loving environment. The baby is on...

    Fran’s Answer

    I agree with the other attorney that answered. If the dad is worried then he needs to file a lawsuit and have the child restricted to Harris County.

    If she "disappears" with the baby then he needs to immediately file a lawsuit and have her served. If he does not know where she is located, it will be impossible to serve her with the legal paperwork.

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