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Fran Brochstein

Fran Brochstein’s Answers

3,358 total


  • Can wife open an account in my Name WITHOUT my approval or power of attorney?

    Here is the Background, last year when I was stationed in Germany my (soon to be ex) wife went to a phone Provider and opened an account in my and her Name (BUT under my SSN alone) and signed it. At no time I was Aware of that, she never had my ap...

    Fran’s Answer

    Go to the police and file an identity theft report. Then you will have a police form with a number.

    This happens all the time. Since you are married, and under Texas law you have a duty to support her, it might be considered by a judge to be reasonable.

    You need to talk to a family law attorney in your county. It sounds like you might be getting divorced soon. Additionally, I personally hate collection agencies so you might need to talk to a lawyer about your options regarding that debt. Collection agents lie like dogs. They usually work on commission so they will say anything to get you to pay $$.

    Identity theft is normally done by people that know you - siblings, parents, best friends, etc. because they know your full legal name, dob, ss#, where you work, etc.

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  • Divorce by mutual agreement. Received a trial on the merits notice

    Hi. My husband and I filed for divorced almost 3 months ago. We did it by mutual agreement. We have no kids nor properties so we are dividing the little we have by ourselves. He filled for divorce so I was told in court that we needed to fill out ...

    Fran’s Answer

    In Harris County most of the family courts issue a "trial" or "dismiss" notice 3-6 months after the divorce has been filed. The computer does it - no human looks at it.

    You need to look on www.texaslawhelp.org for a Waiver of Service form and a Final decree of Divorce without children.

    Also, look on the court's website and see what other forms that court requires. You need a BVS form to be sent to Austin.

    If you are both agreed, then you can both go down to court on the uncontested docket (call the court to see when they do theirs) and just submit the paperwork and stand in front of the judge under oath and ask for a divorce.

    If this is too confusing then you might have an uncontested case but you need a lawyer. The judge has to quit practicing law once they go on the bench. It's your obligation to figure out what you need.

    Good luck!

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  • Can the unmarried mother of a child add a middle name (maiden name)? My baby is two years old.

    Upon reflection, I've decided I wanted to add my maiden name hyphenated with my daughters surname. I originally planned on doing this but my family talked me out of this at last moment. I've worked very hard to replenish and build my maiden name i...

    Fran’s Answer

    You've asked this question another time on this site.

    It's a name change so a judge must approve it and order that new birth certificate be issued.

    Talk to Dad and see if he will agree.

    Again, if your maiden name is added as her middle name then if she marries and takes her husband's name then the middle name is normally dropped.

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  • Can I add my maiden name hyphenated with my daughters surname. We never married and my baby is two years old.

    Upon reflection, I've decided I wanted to add my maiden name hyphenated with my daughters surname. I originally planned on doing this but my family talked me out of this at last moment. I've worked very hard to replenish and build my maiden name i...

    Fran’s Answer

    To change a child's name requires a judge's signature. Both parents must agree to the name change. I do know that many judges in the Houston area hate hyphenated names - especially if both are really long.

    I don't live in your area of Texas so I don't know what your judge would do in your case. Talk to an attorney in your county.

    By the way, many new brides change their names to their husband's last name so adding your name will not insure your legacy.

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  • Am I in contempt for ensuring my son's safety?

    On Friday my 'co parent' was setting up my 2 year old's car seat *forward facing in the FRONT seat of a Honda Fit. When I asked him if that was my son's seat (there was another kid there as well), he said, "yeah, you got a problem with it? It's ...

    Fran’s Answer

    It's obvious that the two parents are no truly co-parenting. You cannot make him co-parent with you. Additionally, just because he does things differently then you does not mean that he's wrong.

    However, there are Texas laws regarding children and car seats. You need to know these laws and probably give him a copy in writing too. If a police officer stopped him, would he be in violation of the law.

    No attorney can tell you to disregard a court's order. But if you violate the court order with a damn good reason then the judge might not hold you in contempt. For example, he comes to pick up the child without a car seat - then call the sheriff, constable or police. If he shows up totally wasted, call the guys in blue. You might have a defense if he files contempt on you.

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  • Cps... Parental right

    Can cps file to terminate a person's parental rights based on here say of a 4yr old and her father and step mother (who made false accusations because they want full custody, and the 4yr old will say anything her dad tells her to say)

    Fran’s Answer

    It's not as simple as that. The case will go before a judge. There will be an attorney appointed to represent the child's interests. There will probably also be a child advocate to advocate for the child - a non-attorney. There will be many CPS workers involved too.

    If you think CPS might be involved I encourage you to retain an attorney NOW. Look on this site and select one. You live in Houston. You can certainly go to the Civil Courthouse and go into all the family courts and watch the CPS docket and watch attorneys in action. Each court holds their CPS docket at different times so you need to call each court and see when their CPS docket is held.

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  • Cps court?? Sorry a little long

    I signed a voluntary safety plan to place my children with relatives, because I felt like I had no choice. Cps investigator told me, that since I have already worked Family Based Saftey Services that they can not transfer me and have me work with ...

    Fran’s Answer

    You need a lawyer.

    Look on this website under CPS attorney. We are not allowed to make suggestions about who you should hire.

    CPS will eventually show their evidence to the judge. The judge will then decide what to do. The first CPS hearing is usually in front of the judge and you won't be present. If the judge says to go forward and agrees with CPS that they need to be involved then you will be notified of the second hearing. At the second hearing is when you will begin to hear more about your case.

    If you are deemed by the judge to be indigent (broke) you get a free lawyer. But being broke won't help you get your kids back and shows that you are not responsible. So I usually suggest that you hire your own attorney.

    Unfair but that's the Texas system.

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  • How do i get info on my wifes earnings

    Ive been married for 2years weve been together for 4 yrs.shes been telling me she getsraises from her employer every year but her bring home is always the same...we file our income tax together and her earnings per year dont match what she says sh...

    Fran’s Answer

    You could ask her.

    The W2 or 1099 is what she is making. Most employers are truthful on these forms.

    It sounds like you definitely have communicate issues. Counseling might help. But both parties must be willing to participate.

    Good luck!

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  • Opening my own business. Husband will not work there. He has children from a previous marriage. Will his child support increase?

    We live in TX. I have a job, but would like to quit and start my own business. My husband pays child support from his previous marriage and my income is not affected. If I open my own business, will my income from that business be affected? My hu...

    Fran’s Answer

    You should talk to your CPA and an attorney. You will need to keep everything separate and never co-mingle anything.

    If you file taxes joint then ex will know how much your income is each year since that information is discoverable.

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  • Can me and my new husband have his ex wife change her name back to her maiden name as well as their daughter?

    His ex wife had him sign over his rights to his daughter last year and has made it clear she wants nothing to do with him and will never let him near his daughter ever again. It has been a year since his parental rights were terminated and we have...

    Fran’s Answer

    Only a judge can legally change their names. If he wanted it done then he should have asked that his child's name be included when he terminated his legal rights to the child.

    Of course, signing over his rights might not be a legal termination of parental rights.

    Only an adult can decide what name they use. Ex's have no say so on what their ex-spouse does with a name change.

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