Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 17
  1. 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 over 1 year 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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  2. My spouse has 2 children by another woman prior to our marriage.

    Answered over 1 year 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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  3. 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 over 1 year 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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  4. Uncontested divorce in Texas with no children - do we have to wait 61 days to finalize?

    Answered over 1 year ago.

    1. M Elizabeth Foley
    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.

    4 lawyers agreed with this answer

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

    Answered over 5 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...

    2 lawyers agreed with this answer

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

    Answered 6 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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  7. All assets liquidated prior to death by power of attorney

    Answered over 1 year ago.

    1. Fran Brochstein
    2. George Costas Andriotis
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I absolutely agree with the other attorneys. You need to consult with an attorney immediately. He had a fiduciary duty. Let him "tell it to a judge".

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  8. I filed divorce, got my abusive drug addicted spouse served but he will use an excuse to not show up for hearing

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Stephanie Brooks Sherman
    3. M Elizabeth Foley
    4. Jacqueline R. Kriebel
    5. Mark Anthony Cohan
    5 lawyer answers

    It sounds like you are trying to do this pro se. There is a reason why people hire attorneys - you have a difficult situation when you are dealing with a man that is abusive & on drugs. Sometimes it is worth the money to hire a person to lead you through the process & act as a "buffer". Good luck & be safe.

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  9. Does holiday visitation supercede weekend visitation?

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Bobby Dale Barina
    2 lawyer answers

    If your ex does not give you the child according to the Final document, then you need to hire an attorney and file contempt on him. You will need to ask for make up time and ask the judge to order him to pay your legal fees. Be sure to point out to your ex the WARNINGS included in the Order. Your attorney can always ask for fines &/or jail time for violating the Court's order. Judges do not like people that "play games" with the holidays! I bet that your Order includes the "...

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  10. Where can I find sample of special warranty deed incident to divorce?

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Ophelia Genarina Bernal-Mora
    2 lawyer answers

    I would strongly urge you to hire an attorney. You have now purchased a home. If you do the paperwork improperly, your new asset's title could be "clouded" in the future when you go to sell it. It is possible that a title company (or a future purchaser) might be unwilling to close a sale of this home if you have not done everything properly now. Also, when you applied for the loan did you lie on your application? Did you state that you were still married? Is the title listing you as...

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