Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. 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 Gunn
    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.

    Selected as best answer

  2. Does holiday visitation supercede weekend visitation?

    Answered almost 2 years 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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  3. Where can I find sample of special warranty deed incident to divorce?

    Answered about 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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  4. The mother of my son doesnt let me see him. Can I even call the cops for her to let me see him?? The is no court order.

    Answered 19 days ago.

    1. Fran Brochstein
    2. Dorothea Elaine Laster
    3. George B. Mackey
    3 lawyer answers

    If you were never married to the mother and there are no court orders in place then the police cannot help you since you are technically "a stranger" to this child. You need to file a paternity action and get court ordered visitation and child support put into place.

    4 lawyers agreed with this answer

  5. I neglected to show for a hearing before the 388th : Judge Strathmann. Now I've lost my 14 year old to an incompetent mother.

    Answered 20 days ago.

    1. Fran Brochstein
    2. Lisa M. Vanauken
    3. Adam Michael Lahood
    4. Adam Kielich
    4 lawyer answers

    Attorneys on this website are not allowed you call you. You need to do your research on this excellent site and you need to call an attorney. Not showing up for a hearing is a big deal. You need to ask for a new hearing. I highly recommend that you hire an attorney immediately. Try to find a family law attorney that also does criminal law in your area.

    4 lawyers agreed with this answer

  6. What legal rights do I have?

    Answered 28 days ago.

    1. Fran Brochstein
    2. Robert Werner von Dohlen
    3. Alexander Gregory Knapp
    4. Maria Sara Lowry
    4 lawyer answers

    You need to post under Louisiana real estate since Louisiana law controls. It appears that your son is over the age of 18 and he signed the real estate contract. You, therefore, have no legal rights. Of course, your last sentence is vital -- there are no openings at other apt complexes. And, I suspect the apt complex knows this important fact. Good luck to adjusting to your home without a teen-ager in it.

    4 lawyers agreed with this answer

  7. In a divorce, if i have a lawyer and my wife does not does that change anything in my favor?

    Answered about 1 month ago.

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

    Yes, of course, it does. You will have someone to guide you through the divorce process in an effective manner. Otherwise, your case could linger for a long time or get dismissed by the judge. Just be sure to hire a family law attorney with experience and not someone that does not handle family law cases on a regular basis in Ft. Bend County.

    4 lawyers agreed with this answer

  8. Power of Attorney over my mother!

    Answered about 1 month ago.

    1. Fran Brochstein
    2. Steven John Clausen
    3. Maria Sara Lowry
    4. David L. Carrier
    4 lawyer answers

    It might be too late. She has to be mentally competent. You need to talk to her doctor and confirm that she is mentally competent to execute legal documents. Then you need to file an estate planning attorney willing to come to hospice to do the paperwork and meet with her. I am sorry that you are going through this. Also, even if you do these legal documents it does not mean that her bank or other financial institutions will accept the legal document. With my own mother, I had to take...

    4 lawyers agreed with this answer

  9. Can I restrict my son from overnights at his biological dad's house if his dad is living with an illegal immigrant?

    Answered 3 months ago.

    1. Fran Brochstein
    2. Dorothea Elaine Laster
    3. Tiaralis Figueroa Colon
    3 lawyer answers

    What does your divorce decree state regarding visitors of the opposite sex spending the night when the child is there? If you have that clause then the lady would need to leave the house everytime the child spends the night. I have no idea what you mean that "She is mean to him". That can mean very different things to different people. You also don't include the child's age. If she tells him it's time for bed & that makes her "mean" that would be very different than if she is beating...

    4 lawyers agreed with this answer

  10. Who pays for child care? I'm already paying my child support!

    Answered 3 months ago.

    1. Fran Brochstein
    2. Robert Werner von Dohlen
    3. Michael Glynn Busby Jr.
    4. Maria Sara Lowry
    5. Kavitha Mathew
    6. ···
    6 lawyer answers

    I agree with the other attorney that answered - read your decree or take it to a family law attorney that can explain it to you. She might want you to pay but if you are not ordered then it's her expense. There are plenty of excellent family law attorneys in Houston - look on this website and hire one.

    4 lawyers agreed with this answer