Skip to main content
Fran Brochstein

Fran Brochstein’s Answers

3,019 total


  • Best evidence for visitation interference?

    My ex is living with a cop. When i try to pick up my child he comes out and interferes with my conversation with police because ex won't allow visitation. Trying to get the report filed and he starts chatting with police and ends up police don't d...

    Fran’s Answer

    So take a friend or relative with you that's willing to come to court to testify what they saw.
    The "magic" piece of paper from the cops is just a piece of paper.
    A witness is actually better since that person can testify to what they saw and heard.

    Also, hire a lawyer and begin building your case.

    See question 
  • Child attend mediation?

    Can a 12 year old attend mediation?

    Fran’s Answer

    I've done it but everyone has to agree.

    Someone drives the child over and I interview them in private. Then someone takes the child away.

    If the kid does not talk it's a waste of time.

    If the child has been "coached" it can work to your disadvantage.

    Why does the child even know what's going on -- are there injunctions against discussing the case with the child - if so then the child should not be aware of what's happening.

    See question 
  • Preparation for Mediation

    I have an attorney. For my own personal reference, is there a website or guide to preparing yourself for post judgment divorce mediation?

    Fran’s Answer

    There are many mediation websites. None specifically address post divorce mediation. So just google and read.

    See question 
  • My daughter is the mother of two young boys and the father is known for drugs, drinking and violence.

    How do we gain sole custody. He has been in jail many times for drugs and violence. We need help as we fear that he will hurt the kids due to his violent nature. He has no home as lives where ever he can but wants to have the kids for a weekend at...

    Fran’s Answer

    Hire a lawyer. Look on this website and hire one immediately.

    See question 
  • How much does a undisputed Divorce with no financial gain or loss and no kids completely non disputed cost on the avaerage

    Just want the divorce both of us nothing else period

    Fran’s Answer

    Filing fee around $300/

    Go on www.texaslawhelp.org and try to do it yourselves.

    Don't waste your time and money on other sites that advertise on tv and radio - they are garbage.

    Above site is Supreme Court of Texas approved forms and FREE!

    See question 
  • We are seeking answers on how our daughter can take sole custody and take away rights to the father.

    The father does not live with them. He has been in jail many times for drinking, family violence and drugs. He fell with one of my grandsons and gave home an injury to the head. Our daughter is wanting him out of there lives forever and we feel he...

    Fran’s Answer

    You need to hire an experienced family law attorney to help you.

    He would probably get supervised visits that he's have to pay for.

    I doubt that a court would terminate his rights.

    She should not do anything without talking to a lawyer in person.

    Signing something is probably not going to help her - in fact - it could hurt her! Hire an attorney NOW!

    See question 
  • What is the penalty for one party not presenting a proposed parenting plan in a SAPCR in Texas?

    Modifying custody and respondent did not submit a proposal to the court

    Fran’s Answer

    Short answer - no. If you have an attorney talk to your attorney. If not, it sounds like you need one. Good luck!

    See question 
  • Can I leave the state with my children with a notarized letter?

    My common in law husband and I are currently separated. He was very angry during the beginning because I called the police after pushing me and I was pregnant. There never was a report or pressed charges, they simply offered to drive him to his pa...

    Fran’s Answer

    You are free to leave but if he files within 6 months then a judge might make you move back. As everyone recommends, you might want to talk to an attorney before doing anything.

    See question 
  • Is there a different child support % for owner operators ?

    My children's father is an owner operator of an 18 wheeler we purchased together while married. He contests his truck out and does very well financially . Will a different percentage apply to him or is it still standard rate for state of Texas ?

    Fran’s Answer

    He's not the only truck driver/owner operator in Texas. C S will be based on net income -- he gets to take deductions on things like tires and gasoline. I've done several of these & truck drivers always claim they are broke - judges can handle it easily - you are not the first person to try to get child support from an owner/operator.

    See question 
  • Need to know if a permanent injunction in my final decree will drop off with marriage.

    In my final divorce decree I have a morality clause, and a few permanent injunctions. One I'm confused about states my child cannot be left unattended with my current boyfriend. The exact words under my perm. injunction is that I am not to "Leave ...

    Fran’s Answer

    It there is an injunction that XXX cannot ever be around the child then marrying the person will not lift that injunction. I'd call your old attorney or take the paperwork to an attorney to review. A modification might be appropriate.

    See question