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Fran Brochstein

Fran Brochstein’s Answers

3,170 total


  • How are the child support order modification typically handled in regards to the date of my raise? Please advise

    Non-custodial parent - Received a substantial raise which has warranted my child support orders to be modified. The process can take at least three months per the OAG due to backlog. The custodial parent claims that I will be in arrears of the dif...

    Fran’s Answer

    I assume that your ex is not an attorney!

    I highly recommend hiring an attorney. I recently did a mediation where due to a typo a man paid $300 a month extra in child support. He said he could not afford an attorney. Since he's overpaid for over 4 years I pointed out to him that he could have easily paid an attorney!

    Receiving a raise does not "magically" raise your child support. You are ordered to pay a certain amount. That amount is in effect until a new lawsuit is filed.

    Hire an attorney today! Since you are modifying you might want to modify some other "stuff" - like visitation and phone access when not in possession. An attorney can help you do that.

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  • Can she get in trouble in the laws eyes by just doing the affidavit?

    Ok if somebody is in jail for agravated assult with deadly weapon and because of a girl thats pregnant so she pressed charges on that guy but the guy in jail is asking her to make an affidavit so he could get out but if the girl that pressed charg...

    Fran’s Answer

    Unfortuntely this sort of thing occurs frequently. The police and judges see it all the time.

    Merely changing the story will not necessarily get the guy out of jail and out of trouble.

    If she signed anything regarding her first statement then she could be in trouble for lying on a document.

    Battered women often change their mind a few days after the event. It's extremely common. Also, the guy asking her the change the story happens regularly. You might want to talk to a criminal attorney about this since they deal with this on a regular basis.

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  • How can I protect myself from getting accused for not following the court order when it comes to visitation arrangements?

    I live in texas (non-custodial) court order for joint visitation was filed in TX, The custodial parent moved to another state Iowa. I cannot go every other weekend to pick up my child so I try to make arrangements by email, but the CP does not wan...

    Fran’s Answer

    You cannot get in trouble for not visiting.

    Does your current order include language for over 100 miles? If so, now that the child lives more than 100 miles away that is what you would follow now.

    By the way, was there a residency restriction in your decree? If so, she's violated it. You could go to court and ask for custody of the child(ren).

    You should probably sit down with an attorney and at least discuss your options.

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  • Do I have grounds to terminate his rights for my fiance to adopt?

    I posted a question yet ran out of space, so I'm hoping to see if I have grounds to terminate a father's rights and for my daughter to be adopted by my fiancé. Her father has not be in her life very much at all. Maybe a few times a year, he hasn...

    Fran’s Answer

    Texas judges don't do unmarried people. You need to be married at least a year to show the judge that your relationshiip is strong. the new man might not want to adopt because if you divorce later then he'll pay child support and have visitation rights. He will be the "new daddy" with all parental rights. He must also be able to pass a criminal background cheeck. There will be a social study just like you are adopting a brand new baby. It's expensive and time consuming - anticipate at least 6 months.

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  • If the mother of a child signs over custody of her child to someone and the mother of the child dies, will adoption be nulled?

    Adoption process and how long it takes if the biological mother dies

    Fran’s Answer

    Fdirst only a judge can give legal custody of a child to a person. A mere letter can be revoked by the mom at any time.

    Adoption is much more complicated. Normally someone starts with custody then eventually files to have a termination and adoption. Of coure, bio dad willl have to be notified that his rights are being terminated. This is a slow and very specific process. Judges don't terminate a person's parental rights quickly or easily.
    If bio dad cannot be located his rights will be eventually termiinated but an attornney will be appointed to try to locate him.

    You need an attorney if you have had the child in your possession and control for over 6 months without Momm in the house.

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  • What is the hospital procedure and custody procedure to a newborn baby if the mother is in a coma?

    So the baby is born to a mother who has slipped into a coma. The father has no idea that he is a father, and the mother has no other family ties to anyone. What is the hospital procedure and custody procedure for said newborn baby? What were to ha...

    Fran’s Answer

    If the man tests positive as bio dad on DNA tests then he can ask for custody. He is the child's next of kin. If he's not bio dad then another relative can apply for custody. If no one shows up then CPS will take custody and a judge will determine if the child goes to foster care or if a suitable relative can be locateed and meet the judge's requirements for custody.

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  • How can I divorce her & where, in Africa or USA?

    I came to US with my wife & two children on tourist visa since Dec 2014, but we are having serious issues that we need to go our separate ways. Where can I file the divorce, in Africa or here in US?

    Fran’s Answer

    You file where you currently live. So Harris county can handle it.

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  • What should I do?

    My husband wants to kick me out of our apartment because I confronted him about cheating. He's active duty army, we live off post and I'm not on his lease. I'm new to town and don't have any resources as far as what I should do next. I told him I ...

    Fran’s Answer

    In Texas if one party wants a divorce then it's going to happen.

    Only a judge can "evict" you from your home. Normally the police won't "escort" you out.

    You need an attorney. So look on this website and find one close to you.

    I also like the answer by the other attorney. I think calling his commanding officer might make him "behave".

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  • What should I do?

    My 3 year old son's biological father filed child support on himself to gain visitation, but he hasn't been in his life in 2.5 years. My son knows my fiance as daddy because he has been helping me raise him since he was six months. Before my ex an...

    Fran’s Answer

    1. Bio Dad is Dad -- not fiance. After you marry fiance and wait a year, you can try to terminate his parental rights and have step-dad adopt.

    2. You desperately need an attorney to help you if bio dad has possible mental issues. The TX A G does not represent you - they represent the taxpayers of Texas.

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  • Is the Non custodial parent legally obligated to give the kids medicine that is prescribed while they are in his care

    We have joint custody and our orders are semi close to standard possession orders with a few minor tweaks

    Fran’s Answer

    Judges don't like people that don't follow doctors orders. Prescriptions are not given to children as "optional" the entire bottle must be taken or the child might not get well.

    This also goes for ADHD meds - judges don't like people that don't follow a doctor's orders.

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