Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. What to do to get child custody?

    Answered 4 months ago.

    1. Dorothea Elaine Laster
    2. Fran Brochstein
    3. Robert Werner von Dohlen
    4. Lisa M. Vanauken
    4 lawyer answers

    I agree with other attorney. You need a strong case to modify custody. The burden is on dad to show that a change of custody is needed due to a change of circumstances or endangerment to the child. This is not easy to prove. A 6 yr. old child will never be called as a witness since most till believe in Santa Claus and can be easily manipulated to say things. Talk to an experienced family law attorney immediately.

    5 lawyers agreed with this answer

  2. If I have a leave in girlfriend, what is the safest way to get her out the house, especially if you have two kids with her?

    Answered 5 months ago.

    1. Fran Brochstein
    2. Cristi Trusler
    3. Michael Glynn Busby Jr.
    4. Penny Wymyczak-White
    4 lawyer answers

    You can try eviction. If she alleges common law marriage then that might be a problem. Go to your local small claims court and follow their eviction procedures. If that does not work and you have a common law marriage then you will need to do a divorce with minor children. Look on this website and hire one of the attorneys in your county.

    5 lawyers agreed with this answer

  3. My children's father and myself got served papers for child support but I dont want child support

    Answered 5 months ago.

    1. Fran Brochstein
    2. Robert Werner von Dohlen
    3. Maria Sara Lowry
    3 lawyer answers

    Since you accepted federal/state assistance to raise the child, then eventually the TX A G will go after him to reimburse the taxpayers of Texas for providing assistance to your children. When you applied for government assistance, you signed over your rights for the TX A G to go after him in the future for reimbursement. In other words, accepting Medicaid means that the TX payers of Texas have been providing financial support to your children. The TX A G wants to be reimbursed. Getting...

    5 lawyers agreed with this answer

  4. Does a judge care about a child's history in a church when deciding custody?

    Answered 5 months ago.

    1. Fran Brochstein
    2. William Tyler Moore Jr
    3. Maria Sara Lowry
    3 lawyer answers

    Most judges won't get involved in making religious decisions regarding minor children. You need to talk to a family law attorney in your county. You might try mediation.

    5 lawyers agreed with this answer

  5. How do I terminate a father right who is in custody for injury to a child with intent this involves our child?

    Answered 5 months ago.

    1. Fran Brochstein
    2. Crista Marichalar
    3. William Tyler Moore Jr
    4. Johnny Quitman Rasberry Jr.
    4 lawyer answers

    Look on this website and hire a family law attorney. The court might not terminate his rights but, instead, order either no visitation or supervised visitation at a facility. I've never heard that CPS provides people with attorneys. They don't. If money is an issue try the pro bono (free) groups in your county. Look on the State Bar of Texas website for an attorney.

    5 lawyers agreed with this answer

  6. Appealing a divorce in Texas after the 30 days deadline or filing a separate civil suit?

    Answered 5 months ago.

    1. Robert Werner von Dohlen
    2. Fran Brochstein
    3. Bruce Ward Bain
    3 lawyer answers

    I agree with the other attorney. The wife needs to take all her paperwork and immediately to go an experienced family law attorney in Houston. It's difficult but possibly doable if she just learned of the divorce. Look on this website for an attorney.

    5 lawyers agreed with this answer

  7. My gf wants to give me custody of her 1 year 6 month daughter is that possible and what do i have to do and be prepared for?

    Answered 5 months ago.

    1. Fran Brochstein
    2. George White
    3. Robert Werner von Dohlen
    4. Kellye Reeves
    4 lawyer answers

    Talk to a family law attorney in your county. Way too complicated to cover here. If dad has legal custody given by a judge then she must show it is in the best interests of the child to change custody.

    5 lawyers agreed with this answer

  8. Can I go to jail if my girlfriend she 15 came to live with me I'm 20 ? But her parents are okay with it ?

    Answered 5 months ago.

    1. Robert Werner von Dohlen
    2. Fran Brochstein
    3. Maria Sara Lowry
    3 lawyer answers

    I absolutely agree with the other 2 attorneys. A 15 year old (and her parents) cannot consent in the State of Texas to you living with you. This is her family's problems and you should not get involved. Please don't risk being arrested and labeled a "sex offender" for the rest of your life. It's not worth it. It will impact your ability to rent, where you live, jobs, etc.

    5 lawyers agreed with this answer

  9. Do I need to get my kids their shots?

    Answered 7 months ago.

    1. Fran Brochstein
    2. Robert Werner von Dohlen
    3. Dorothea Elaine Laster
    4. Maria Sara Lowry
    4 lawyer answers

    If you don't have time to take your children to the doctor then perhaps the father should have custody. I agree with the other attorneys - you need to follow your doctor's orders. Your inability to do what is in your child's best interests might mean that if bio dad wants the kids he could easily get custody. I would talk to a family law attorney in your area. Your child's best interests are priority #1.

    5 lawyers agreed with this answer

  10. Are there any case laws showing when a mediation agreement takes effect?

    Answered 7 months 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