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Fran Brochstein

Fran Brochstein’s Answers

3,166 total


  • How can I change my last name to carry my step fathers last name even now as an adult?

    I'm a 22 year old male raised by my step father getting married in 10 months. I'd like for my last name to be changed before then to carry on my step fathers last name instead of my biological fathers name.

    Fran’s Answer

    If you want to change your name then you need to do a name change. You can look on www/texaslawhelp.org for free forms or call an attorney to help you.

    You will need to be finger printed and have a criminal background search done before a judge will approve it.

    The filing fee is Harris County is around $300. Legal fees can run easily over $1,000.

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  • Can I get my daughter back from my aunt even though she adopted her she want to be with me and I don't know what too tell her?

    Hi,My name is Mercedes Brooks I'm 25 years old I'm a mother of 5 I'm dealing with some stuff that took place some years ago dealing with my 3 older kids.I got 1 back but my other 2 I don't have they in good hands but my cps caseworker made me give...

    Fran’s Answer

    It appears that you signed away your parental rights when CPS got involved. Thankfully you did this so that your younger children are still with you - if you had been involuntarily terminated then the youngest children would have been removed from you as soon as they were born.

    Your daughter can do whatever she wants when she turns 18.

    Since your parental rights were terminated you are very lucky that you see her at all.

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  • Can Texans file for a divorce in Nevada instead of Texas as I heard one can get a divorce a lot quicker in Nevada.

    I got married in Texas 30 years ago. No kids, no property - we both agree on the divorce and its with mutual consent. I would like to marry someone else now. I heard one can get a divorce finalized within a couple of days in Nevada

    Fran’s Answer

    I agree with the other attorneys that have already answered. You will need to call Nevada and see what it takes to be a Nevada resident.

    It's probably just easier to file in Texas and wait the 60 days.

    Free Texas forms on www.texaslawhelp.org

    Good luck!

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  • What steps do I take to Marry my incarcerated common law husband?

    My common law husband is currently incarcerated. I am very ill. Should anything happen to me while he is incarcerated before we can prove his innocence. I don't want anyone to take our daughter from him.

    Fran’s Answer

    If he's in prison/jail he cannot have possession of the child. You probably need to talk to an Austin family lawyer as soon as possible. Look on this site and call one.

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  • Cost for prenuptial agreement

    Cost for a prenuptial agreement? I don't have much but a retirement plan and a 169000. House.

    Fran’s Answer

    You might not even need a pre-nup. These are your separate property items. Make a copy of the balance on the date of marriage. Then then co-mingle these separate property assets. So you cannot refinance the house and add his name or you are co-mingling separate property and community property.

    I would talk to an Austin attorney about your particular set of facts.

    Happy marriage!

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  • What is the procedure how long does it take

    I speak very little English. I want to file divorce from wife i am originally from india.

    Fran’s Answer

    I would look on this website and hire an attorney. There are many excellent family law attorneys in the Katy area.

    If you want to do it yourself, www.texaslawhelp.org

    Good luck!

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  • Where to even start regarding child support for a child that isn't even my fiancés?

    My fiancé has an ex wife in AZ who got pregnant while he was deployed in Iraq in 2010. When he returned from deployment in October 2010 and she was couple weeks pregnant and he knew the child wasn't his. They divorced before the child was born and...

    Fran’s Answer

    Your fiancé needs to hire a at lawyer pronto! Time is ticking. Don't wait. By not getting DNA done it sounds like a judge declared him dad. It's not always easy to reverse a judge's ruling.

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  • Who can I contact? I live and married in Harris County, Texas. Am I married??

    This may sound silly, but for weeks and now months I've waited for my marriage license in the mail. It's been 8 months. I'm not sure if the pastor who married us filed it with the state? Not sure where to start as I'm unable to contact the pastor ...

    Fran’s Answer

    If nothing else you have probably a common law marriage.

    Call the office that issues marriage licenses.

    This type of thing happens more than you'd think.

    You can always register your marriage at the courthouse and use the original date of your wedding. That's oroof of marriage.

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  • Does an attorney have to be present when a pre-nup is signed to make it valid/enforceable?

    My finance and I are both consulting with attorneys regarding a pre-nup that we have written up. Does an attorney have to be present when it is signed to make it valid, or can we just sign it in front of a notary?

    Fran’s Answer

    Both of you need your own attorney to review the pre-nup and give you each legal advice. You cannot use the same attorney. Hopefully you have each hired an attorney that explained all of this to you.

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  • Help fast

    If we are in the middle of the court case for child custody but the child lives in another state and has for almost 2 years but this case is two years old as well can it still be transferred to the new state if we are in the middle of a court case...

    Fran’s Answer

    Only if the current judge allows it to be moved. You should talk to your attorney. If you don't have one, you truly need one. Look on this site and hire one. We are not allowed to solicit business on this website. So you need to do your research.

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