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Fran Brochstein

Fran Brochstein’s Answers

3,097 total

  • My lawyer filed a motion to withdraw on my divorce case within 20 days of a pretrial hearing. Will this be allowed?

    She only gave me one evening notice. Leaving me with a partial mediation agreement that was only half of what she claimed I was entitled to. My husband did not show up for arbitration on the same day she sent me the motion she already sent...

    Fran’s Answer

    The judge has to grant the request. You can appear and argue after paying her and a couple of weeks before trial that it's unfair. I have no idea what the judge will do.

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    My sister stated (she is 9years old) that her father TAKES A BATH with her. I reported it to CPS but they did nothing, even though there is third party documentation of the outcry. Is there a type of attorney we can get to force them to ...

    Fran’s Answer

    You can certainly sue CPS but you are wasting your time and money because they have immunity from prosecution.

    If you want to modify the current arrangements then you need to file to modify.

    If CPS closed the case then they did not find an immediate danger. Since the child "refused" to speak CPS cannot "force" her to speak.

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  • Does my son's grandfather have rights and access to visitation? See below

    My son's father is in jail, and his dad got a Power of Attorney for whatever reason. Does his dad, other family members, or his current wife have rights to access his visitation?

    Fran’s Answer

    The grandfather can file a lawsuit and ask for grandparent access since his son is in jail.

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  • Considering divorcing my wife. Can I get physical custody if wife has been admitted for addiction and psychiatric treatment?

    I have not filled for divorce yet. I want physical custody but can accept sharing legal custody. She is currently admitted to mental hospital. I have not filled for divorce yet. In the past 8 months she has been abusing alcohol, prescription drugs...

    Fran’s Answer

    I'd be in an attorney's office tomorrow filing a petition for divorce.

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  • Can I deny over night visits with my daughter's father?

    My ex and I have standard visitation in Texas . My ex recently moved into a house with a man that he met on Craigslist. I'm uncomfortable with the girls staying over there since neither he or I know this person. Also there is another couple that ...

    Fran’s Answer

    Ask dad for his roommates full names and dates of birth. You can use to see if any of them are registered sex offenders or have a criminal records.

    Of course, if your kids are uncomfortable then talk to an attorney immediately.

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  • Can my daughter after we have had her for 6 years ..

    finally got permanent custody through court have had baby since two months she is now 4

    Fran’s Answer

    You need to re-post your question. It does not make any sense. You did not ask a question.

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  • Can A Custodial Parent File Abandonment On Non Custodial Parent?

    If the non custodial parent is paying child support but is not coming on regular visitation days who barely sees his kid or isn't calling for his kid can the mother file for abandonment?

    Fran’s Answer

    I just looked in the Texas Family Code in the General Index under Abandoment of Children. See Section 262-301-307 - available on-line for free.

    That section basically address abandoning a child at a hospital, or other emergency medical services provider.

    What do you hope to accomplish by claiming "abandonment"?

    I find that attorneys don't use the phrase but the general public uses it a lot.

    You cannot make a person visit. But he is paying his child support so I doubt that a court would terminate his parental rights unless you have a new husband who is ready, willing and able to adopt the child.

    Good luck!

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  • Current lawyer will not put language that spouse must list and sale house in final decree- am I being unreasonable?

    trying to get divorce decree finalized -- been working on it for 90 days, spouse does not have lawyer but did file an answer to petition. thinking it may be time to change attorneys.

    Fran’s Answer

    1. Why won't attorney do it? Is there a logical reason behind it.
    2. I would not finalize divorce until house is sold. While divorce is pending you have some control. Once divorce is final if there is an issue you will need to hire a real estate attorney and sue him if he does not follow through.
    3. Personally I would not want to own anything with my ex-spouse. Somehow it never goes well.

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  • I was divorced in 2004 & kept my married name because of my kids. Now I want to go back to my maiden name.

    No provision was put in the divorce decree regarding this name change. At the time I did not know that you could do this and was not advised by my lawyer. Is there a way in Midland County, Texas to have the divorce decree amended with this provi...

    Fran’s Answer

    Need to file petition at courthouse for a name change.

    Look on for all the forms you need.

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  • In texas is 3 years 6 months and 6 days difference illegal to date?

    i have a very good friend and i am making sure nothing bad is going to happen if he dates the girl Hes 16 and shes 12 by. 3 years and 6 months and 6 days difference.

    Fran’s Answer

    A minor child cannot consent to sex until they are over the age of 17.

    Even if her parents give him written permission (which I doubt they would do) to have sex with their daughter -- it is illegal in Texas and he can be a registered sex offender.

    The moment he turns 17 he will be an adult for criminal purposes and would be tried as an adult under criminal law.

    I would warn your good friend to be very careful. He cannot date a minor child without the parent's permission. If they say no then the answer is no.

    When can they date? If her parents don't approve then she cannot date him at 17. But after she turns 18 and is no longer a child in the eyes of Texas laws.

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