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Fran Brochstein

Fran Brochstein’s Answers

3,358 total

  • Can my common law wife take my daughter from her residence in Texas, to a hostile environment out of state under false pretenses

    The woman i chose to spend my life with has lived with me 75 months. She's been on the lease with me through one assisted housing lease and two residential rent leases. My daughter was born in Texas and has been a Texas resident for 14 months. She...

    Fran’s Answer

    You need to file a paternity action to be declared to be the legal father.

    After meeting with a lawyer you might want to file a divorce action with temporary orders to try to get into court and get the child ordered to be returned to Texas.

    If the child has left Texas for more than 6 months then you are probably going to have to go to the child's new state. Hopefully it's been less than 6 months and you can file in your county and try to bring the child back.

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  • Lost original petition for divorce, what can I do?

    I am from Texas, and I currently live with my soon to be ex wife. I filed for divorce at the court and they gave me the date and cause number, I gave my wife a copy and the court clerk said they will mail her one as well. However, my wife got a ho...

    Fran’s Answer

    It does not sound like she has received proper notice. Therefore no default will be issued.

    You cannot merely hand her the papers. A process server or constable have to hand her the papers and then they file a document with the court telling the court when, how and who served her. That document must be on file for a certain number of days and then a default divorce can be done.

    I recommend hiring an attorney. We cannot make recommendations on this website so look around and hire someone.

    Good luck!

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  • If i had a cps case and it was closed but they've got me down for not cooperating with them, and I'm now pregnant?

    I didn't complete my services but im pregnant and the case is closed.. Should i have any problems with my baby to come?

    Fran’s Answer

    Please follow attorney Baker's advice.

    And do not ingest any sort of item (even poppy seeds or even allergy mediation) before the baby is born. If the baby or you tests "dirty" at the hospital then CPS will take immediate custody of the baby.

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  • Does she get child support?

    My sister and her husband are having issues. This weekend he traced her GPS and he discovered her at the apartment of a friend instead of work like she claimed she was. The fact she was not where she said she was was enough proof to him that she i...

    Fran’s Answer

    Infidelity does not mean a free walk on child support.

    I can only assume that your brother-in-law never attended (let alone graduated) from law school!

    Your sister needs to hire an attorney. Have her look on this website and hire someone. She definitely needs to talk to a family law attorney and learn her rights.

    In Texas it's presumed "joint managing conservatorship" but that does not mean no child support. It does not mean that he gets 50% of the time with the kids.

    However, if your sister is having an affair I would gently suggest that she stop. It's never a good thing to jump into a new relationship. Plus, teen-agers hate hearing that their parents are dating or sexually active.

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  • After 16 years, can my husband's ex-wife ask for more child support?

    My husband has two children with his ex. One just turned 20 and the other just turned 16. She now wants more c/s for the 16 yr old. His income has not change that much since the first time around. She lives with a man that owns his business, so bo...

    Fran’s Answer

    The simple answer is yes.

    His child support will be 17.5% of his net resources since he has another child. There are several Texas child support calculators on the internet that you can certainly attempt to use to determine what he should be paying.

    The IRS debt, mortgage, loans, bills, etc. are irrelevant. Child Support comes before all of those other costs.

    It is irrelevant what she makes or what the man she lives with makes. Child support is only based on the non-custodial parent's net resources as determined by the Texas Legislature.

    Now the mom might be in contempt of court if she is not following the court's visitation order.

    You need to retain the services of an experienced family law attorney now. Look on this website and hire someone.

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  • How can I get a DNA test done out of state? How does the process work?

    I live in Texas , the woman lives in San Diego, California, the baby is due July 23 , how can I get a DNA test done with us being in two different states ?

    Fran’s Answer

    You probably need to contact a CA attorney. I'd look on this website and hire someone.

    A national DNA company can do the testing and it's just a mouth swab that can be mailed in.

    Good luck!

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  • Can I Change my last name to a name that I have never had before because I don't want to go back to my maiden name after divorce

    I am divorcing for a second time after assuming my husband's names legally in both cases. I do not wish to go back to my maiden name as that name is associated with things I would rather forget. Can I just pick a last name i want it to be and hav...

    Fran’s Answer

    I had someone try it but the judge would not allow it. It could possibly slip through but TX law is clear that for a free name change you have to go back to a name previously used.

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  • I live in Florida. I have a son (2 years old) in Houston Texas. Can I get 50/50 timeshare if I move to Texas

    I got into legal trouble in Florida. 3rd degree felony. I completed the drugcourt program. I am considering hiring a lawyer to either get timeshare in Florida or moving to Texas to have more time with my son. Im really nervous to get the court inv...

    Fran’s Answer

    In Texas you need to pay for the child's health insurance and 20% of your net resources (it will not match your paystub). There are several child support calculators on the internet for free. I think the TX Attorney General has a calculator.

    Joint managing conservators is presumed in Texas but that does not mean 50% time or no child support.

    You need to talk to a Texas attorney in person about your particular situation.

    It is relevant what the conviction was and how long you have been clean and sober. For example, I mediated on a Monday for a man who got out of heroin rehab on Sunday. He wanted a standard possession order because he was clean and sober. His child was 2 and I declared an impasse. He was in denial about how his heroin addiction might impact the child. He did not do well in front of the judge.

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  • Am I required to let him see his son?

    My ex just plead guilty for a domestic violence case with me. We have been separated for almost 6 months and he now has a new gf which he brought along during his visitation with our son. My son is only 16 months and can't express to me if somethi...

    Fran’s Answer

    You need a family law attorney to meet with your immediately. Look on this website and hire one.

    Normally the non custodial parent does not get overnights until 3 yrs old. But if you allow it then the judge will continue it.

    You need some one on one legal advice.

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  • My same-sex partner of over 15 years was recently murdered and I wonder how I might get our common law marriage recognized?

    For the first 14+ years of our relationship we were denied our marriage rights. Still, we always considered ourselves married as did our families and friends. We'd say to each other that we knew the truth and the proof of our commitment rests in t...

    Fran’s Answer

    I'm so sorry for your loss.

    My dear friends who had been together 40 years did not marry and one died suddenly. I have not been able to figure out a way to have their relationship made valid in Texas.

    If anyone figures out how to do this, let me know since my elderly friend could use the spouse's social security money since he's in his mid 70's.

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