Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. I need an attorney. Problem is, I don't need anyone blowing smoke up my ass. Will they give a father his rights in TX ?

    Answered 12 months ago.

    1. JaPaula C Kemp
    2. Dennis R. Martin
    3. Maria Tsao Tu
    4. Fran Brochstein
    5. Kevin H. Pate
    5 lawyer answers

    I'm not going to get any points for answering this question but here goes. The Texas Family Code was revised years ago to make the laws of Texas gender neutral. It has actually hurt women. I am personally aware of a case in Harris County where a father got 50% custody of a child less than 30 days old! He proved that he was able to take care of a small baby since he'd had 2 other children from other women. You need to hire a tough, smart attorney to represent you. There are plenty of...

    4 lawyers agreed with this answer

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  2. What steps can i take to make sure that she does not try to take the kids out of state?

    Answered about 1 year ago.

    1. Fran Brochstein
    2. Brian Douglas Walters
    3. Michael Glynn Busby Jr.
    4. Jason John Jakob
    4 lawyer answers

    You need to file a lawsuit to establish legal paternity and have a judge sign an order to have your children ordered to stay in Harris and Contiguous counties. Merely being on the birth certificate does not establish your legal parental rights. A judge needs to sign legal papers. Please hire a tough, smart family law attorney now. You are in the Houston area & there are plenty of lawyers here that can assist you in this matter. Hire one now! You need an attorney now! If you want...

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  3. CPS TOLD ME TO TAKE A UA FOR MARIJAUNA I WENT TO A LAB AND DID SO... CAN THEY USE POSITIVE RESULTS FROM ME IF NO SIGNED CONSENT

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Cynthia Russell Henley
    3. Bobby Dale Barina
    4. Lisa Douglas
    4 lawyer answers

    If you refused to release the results to CPS, then CPS will assume that you are positive. It sounds like you are trying to "play games" with CPS, this is never a good idea. Hire an attorney immediately.

    4 lawyers agreed with this answer

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  4. Can I file a modification with the courts if the other party of a custody order won't sign for a certified mediation letter?

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Joshua Clay Pearson
    3. Bruce Campbell Zivley
    4. Bobby Dale Barina
    4 lawyer answers

    You can only attempt to set a mediation. You cannot force the other party to participate. Do not open or damage the unaccepted certified letter. I would put it in a ziplock storage bag to keep it clean. You need to have it available for the judge to open in court. I would now send the same letter first class mail with proof of mailing from the post office. I think that costs under $2. (You should have sent it when you mailed the certified letter but I guess you did not know about this...

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  5. If my sons dad wants to sign over his rights can he later on down da road come back into his life if he wanted to

    Answered almost 2 years ago.

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

    If a parent legally terminates their rights, they are treated as if they are dead. They are no longer legally a parent to that child. It is a very serious move in the State of Texas. Judges take these types of lawsuits very seriously. Therefore, they are slow moving cases. The parent terminating their rights must sign paperwork that is properly prepared with no errors. It ends their parental rights to that child forever. Once the child turns 18, the child can contact the parent. If...

    4 lawyers agreed with this answer

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  6. My spouse has 2 children by another woman prior to our marriage.

    Answered almost 2 years ago.

    1. Theresa Cay Langford
    2. Fran Brochstein
    3. Bobby Dale Barina
    4. Evan Edward Pierce-Jones
    4 lawyer answers

    Hopefully your case is in Harris County Family District Courts. The judges here order "our family wizard" all the time. Their booth is at the Annual Advanced Family Law Seminar so all the judges know about their company. Also, both parties have to pay to participate in this program. And, the judges can "look" at all communications so it tends to end all unreasonable communication. There are many fine lawyers on this website. You can ignore the point system since it is not accurate on...

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  7. Does my wife have the right to claim both children on her taxes, if I have been the soul provider for the family this year?

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Fran Brochstein
    3. Christopher Michael Larson
    3 lawyer answers

    There is no clear cut answer. 1. You can each claim one and claim head of household 2. You can each claim both of them - then you each get audited & you both get to "deal" with the IRS in a couple of years down the road & pay a lot of money to "fix" the mess you both created -- so neither of you will save any money. 3. You can file jointly one more time & split the refund if there is one. 4. You can go see a CPA and have the CPA do the taxes in every possible way and determine the best way...

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  8. Uncontested divorce in Texas with no children - do we have to wait 61 days to finalize?

    Answered almost 2 years ago.

    1. M Elizabeth Gunn
    2. Fran Brochstein
    3. Dawn Anne Renken
    3 lawyer answers

    You have to wait. There is no way to bypass the waiting period. You can read the TX Family Code on-line. There is no exemption to the waiting period. Good question - I haven't seen this one in quite awhile.

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  9. Age of consent in TX...what can my parents do?

    Answered almost 6 years ago.

    1. Herman Martinez
    2. Theresa Cay Langford
    3. Fran Brochstein
    3 lawyer answers

    If you want to protect this man then don't start dating him until you turn 18. The strike of midnight on the date of your birthday you are an adult. You can immediately leave their home. They cannot do anything. Of course, at the strike of midnight they can ask you to leave the house because they are through being legally obligated to take care of you since you are now an adult under Texas law. You won't want to hear this but if he is 20 then he is probably just dating you because...

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  10. What documentations are needed for termination of rights, even if father is not on birth certificate?

    Answered 9 months ago.

    1. Fran Brochstein
    2. Michael Glynn Busby Jr.
    3. Jimmie Lee J. Brown Jr.
    3 lawyer answers

    You might not want to do anything, The bio dad would have to file a paternity action to assert his rights. This will cost him money unless he goes to the TX A G. Then you can go after a maximum of 4 years of retroactive child support for not supporting the child. If you take any money (WIC, food stamps, Medicade, etc.) then the TX A G will eventually go after him for reimbursement on behalf of Texas residents. So I recommend that you don't apply for any sort of assistance from the...

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