Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. 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

  2. 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

  3. 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....

    5 lawyers agreed with this answer

  4. 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

  5. 94 yr grandmother in a nursing home. Mother durable power of attorney. Will sell her house. Can she determine where money goes?

    Answered almost 2 years ago.

    1. Stephen Neil Foster
    2. Fran Brochstein
    3. Steven M Zelinger
    4. Jessica Anne Newill
    4 lawyer answers

    I agree with the other two attorneys - their answers were wonderful & you need to carefully read their answers. Your mother absolutely needs to consult with an attorney before she does anything. You might not ever receive a penny even though you are a beneficiary of her estate since the money needs to be used for your grandmother's use while she is alive. Your mother must be very careful since she has a fiduciary duty to her mother. I assume that your mother understand this duty,...

    5 lawyers agreed with this answer

  6. If i was "common law marriage" and claimed taxes as married do i have to get a divorce decree?

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Paula Brown Sinclair
    3. David Alexander Browde
    4. Jayson Lutzky
    5. Christopher Michael Larson
    5 lawyer answers

    I don't know why people that don't practice in Texas answer these Texas common law marriage questions. I'm not getting any "points" for answering this question -- but I cannot ignore the somewhat vague answers that the other attorneys gave you. The Texas legislature has been tweaking this section of our family code & making it a nightmare for family law attorneys and for the public. The public definitely does not understand the common law marriage provisions of the Texas Family Law Code...

    5 lawyers agreed with this answer

  7. What happens if my shusbands adoption of my son does not go through?

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Bruce Campbell Zivley
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You live in Houston, Texas. There are many excellent family law attorneys in Houston. You need to meet with one in person and discuss all the options. Termination and step-parent adoption cases are complex. The Harris County family court judges don't grant these without a lot of thought. Your son is approx. 12 years old and knows his bio. father. If your son does not want his step-dad to adopt him, then the judge will not terminate his bio. dad's rights. I've written about this...

    5 lawyers agreed with this answer

  8. My elderly mother has run up a line of credit on her home since 2004, (unbenownst to me) I have been her primary support system

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Lawrence A Friedman
    3. James P. Frederick
    3 lawyer answers

    Yes, it sounds like you need to immediately consult with an attorney experienced in elder and/or estate planning/probate law. You will need to meet with an attorney in person to discuss this complex matter. There is no way for an attorney to give you advice without knowing a lot more information. Look on this excellent website and the State Bar of Texas website.

    5 lawyers agreed with this answer

  9. Ex has cust of daughter.He has remarried. Together they earn over $200K can they sue me for more child sup if i'm not paying 20%

    Answered almost 2 years ago.

    1. Fran Brochstein
    1 lawyer answer

    She can represent him. It is not a conflict of interest. How much they make is irrelevant in what you pay for child support. It is irrelevant how much money the step-mother makes since she is not her bio. mother. Parents are required in the State of Texas to support their children. Step-parents are not required to support their step-children. You are required to pay 20% of your net resources in child support if you have one child. If you have more than one child then you would pay...

    5 lawyers agreed with this answer

  10. Is over time income considered into monthly child support payments?

    Answered about 2 years ago.

    1. Shari Goldsberry
    2. Fran Brochstein
    3. Christopher Michael Vincent Kirker
    4. Bobby Dale Barina
    4 lawyer answers

    I agree with the other attorney. Net resources is clearly defined in the TX Family Code - which available to you for free on-line. I have also addressed in other questions asked on this website & on my blog (www.txfamilylaw4u.blogspot.com) or go to my website (www.familylaw4u.com) and click to my blog. Also, if he is not visiting the child, that can be taked into account regarding setting child support since you have to feed the child more often. I urge you to immediately retain an...

    5 lawyers agreed with this answer