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Fran Brochstein

Fran Brochstein’s Answers

2,985 total


  • Would her biological father get any visitation rights?

    I was 4 months pregnant when my soon to be x husband abandoned me. he never did anything for me during my pregnancy. he did not sing the birth certificate I added him to it. my daughter is soon turning 3 he only saw her 2 times he said to give he...

    Fran’s Answer

    You probably need to consult with a family law attorney in person.

    It's irrelevant that he wanted the baby aborted.

    He can go to court and establish his paternity. Then he will be ordered to pay child support (with up to 4 years retroactive) and pay for health insurance. Also, then he'll get some sort of parental rights.

    The threat of custody is pretty common when one parent gets angry. Unless you "mess up" I would not worry about it. If you get arrested or test positive for any drug then he would get custody.

    The step-father cannot adopt until you've been married at least 6 months to a year. A fiance is not considered a relative. So get married now.

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  • Why do custodial parents not get regular visitation during summer but still have to give regular visitation to non-custodial?

    I am the Custodial parent, under standard custody my ex will have my daughter the whole month of July with only one weekend of visitation for myself, which he has not responded to my request yet. Why do I not get regular visitation with my daughte...

    Fran’s Answer

    If you read your decree I bet there is language where you can cancel dad's usual visit so that you can take the kid on a long trip.

    If you don't understand your decree then take it to a lawyer to read it.

    We never followed our decree visitation schedule. I encourage people to work together and not argue.

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  • If I'm married in the US can I marry someone else in a different country.?

    I'm married in the United states and I'm wondering if I can marry someone else in a different country like Mexico or the Caribbean.

    Fran’s Answer

    No. By the way, bigamy is a crime in Texas.

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  • Can I just add my boyfriends name on my sons birth certificate?

    Okay so me and my boyfriend got together when my son was 6 months and is now 3 going to be 4 on September he has been taking care of him ever since. My sons biological father has NEVER bought him NOTHING has never cared for him,he is now in the p...

    Fran’s Answer

    Most courts require DNA testing.

    Let me add to the other attorney's excellent advice. In Texas, most judges won't add a mere "boyfriend" in an adoption case. You need to get married and be married almost a year before you file to terminate dad's parental rights and add step-dad as new daddy.

    I hope this helps

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  • My wife lives in WV. I left her for reasons in January of 2012 and moved to Texas. I want a divorce. She may or may not contest.

    I would like to divorce my wife. We have not spoken but maybe once since I left. I returned from Iraq in May of 2011. I thought we were in love. I remodeled the house, we bought an RV, we traveled. She decided to quit taking her psychotropic medic...

    Fran’s Answer

    If you have lived in Texas over 6 months then you can file here since you are now a Texas resident. Get an address to have her served. Otherwise, it costs a lot of money. Talk to a family law attorney in the Baytown area. Good luck!

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  • I received a waiver of service i have only been married 4 months. he has no social and is about to leave the country ? Should i

    sign . Please help

    Fran’s Answer

    Depends on what Final Decree of Divorce and Waiver of Service state. I would not sign Waiver without looking at Decree. Otherwise, he could write in that you must pay him $1 million - judge would probably reject it but it could happen then you will spend big bucks trying to "fix" it. Be careful.

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  • Is it my responsibility to find out my court date

    My wife filed and i was served. I responded and am now waiting for the court date. Will i be notified of the court date

    Fran’s Answer

    I absolutely agreed with Attorney Gina. If in doubt, check. I'm an attorney and sometimes my mail "disappears". The burden is on you to not let this "fall between the cracks".

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  • Should I give the important documents of my kid to my EX?

    My divorce finished half a year ago. The judge gave me the joint custody of my 3-year kid. My EX has the primary. But I hold the passport. Now my EX asked me to give him my child's passport, ssn, and birth certificate to apply the state ID card fo...

    Fran’s Answer

    What is a Texas state I'd for a minor child? I have never heard of that before.
    He has to give you info about trip-- such as who, what, when, where and who'll be there. You need all info on trip-- carrier, time leaving, time returning, etc.

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  • I need a lawyer for child support

    My legal husband is filing child support. He has admitted that he is going to lie about his income . He works for a small business which owner will help him, lie about his income so he wont pay actual fee for child support

    Fran’s Answer

    People lie under oath all the time. The judges all know it. You need to get copies of his tax returns for the past 3 years and bank statements for the past 3 years. You desperately need an attorney.

    If you are living together and can do it safely, makes copies of anything you can find then put the originals back where you found them. Give the copies to someone that you trust to keep them safe - please don't leave them anywhere he can find them - like your car or under the mattress!

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  • Is the mother of a child born to unwed parents, who get married after the child is born, still considered the custodial parent?

    I have a one year old daughter, her father and I were unmarried at the time she was born and got married six months later. It isn't working and we are heading for a divorce, all the info I'm finding online say that when a child is born to unmarrie...

    Fran’s Answer

    I find that most new mothers are in for a shock at divorce.

    After age 3, dad can ask (and be granted) an expanded visitation order which basically gives him over 45% of the time with the child. Judges EXPECT people to co-parent.

    Joint Managing Conservatorship is presumed in Texas. Sole Managing Conservator is rare.

    His worst case - Under 3, he will have short frequent visits with the child that grow so that at age 3 the child is not freaked out by the change. If he is an active father, then he might get overnight visits immediately.

    As a divorced mom myself, you need to understand that if you divorce that you will not have her with you around 45-50% of the time. It's a huge adjustment.

    You need a family law attorney immediately.

    There is one judge in Harris county that ordered a 50/50 split of a one month old. So you never know what will happen.

    Look on the website and hire someone.

    I recommend mediation.

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