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Fran Brochstein

Fran Brochstein’s Answers

3,358 total

  • Can I win custody of my two daughters if I'm dating my oldest daughter father who is jail for sexual assault?

    My ex boyfriend took my two daughters away from me because I didn't want anything to do with him. I want to get a lawyer and fight for custody. I want to know if I can lose if I'm dating my oldest daughters father who is in jail for sexual assault...

    Fran’s Answer

    It appears that ex boyfriend has legal custody of your children. If so the burden then shifts to you as to why the current arrangement should be changed. It is difficult to show a judge that custody should be changed but not impossible.

    His domestic violence record is relevant if it was AFTER the current court order. if BEFORE, then it is irrelevant.

    The man in jail for sexual assault might be relevant to the judge. It would depend who he attempted to sexually assault.

    Hire a lawyer.

    Plus, joint custody is presumed in Texas. Sole custody is rarely done in Harris County courts - again I've seen it done but rarely.

    Talk to a lawyer.

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  • Hi I lived with a man for 6 / years as man an wife

    He worked away from home months at a time I took care of home cause he wanted me home so he took care of me like he said he would we went we did everything together as husband an wife he told people we were married I took care of business as his w...

    Fran’s Answer

    The way I read your question is that you were married at some point to another man. If so, then you can only be married to one person at a time in Texas. So you could not have a common law marriage in Texas until the first husband died. Then once you were a widow then you could be common law married to husband #2.

    You need to consult with a family law attorney immediately.

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  • Can my kids be taken away by Cps if don't go to take a drug test, there was a paper I had signed to agree to go drug test.

    A call was made saying I neglect my children, and that my husband and I smoke.on a Saturday a lady came by my house and said she was a weekend worker, and that I would be assigned a case worker. The weekend worker asked if she could go in my home ...

    Fran’s Answer

    If you and your husband do not do the drug tests then CPS might think about removing the children.

    I would look on this website for a CPS attorney in the Houston area to guide you.
    Don't wait.
    You need representation now.

    We are not allowed to make recommendations on this website. I list several CPS attorneys on my blog.

    Good luck

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  • Can non custodial parent call CPS on custodial parent, and what will usually happen?

    Dad (non custodial) wants to call CPS on custodial parent (mom) due to son always looking and smelling dirty. He is 8 years old, constantly sick, constantly passed around by family members so mother can go out and party, and has no personal hygien...

    Fran’s Answer

    CPS normally only gets involved is a child's life is endangered. Being dirty is not necessarily bad enough for CPS to get involved. By the way, many non-custodial parents call on the custodial parents when a custody situation is brewing. Unfortunately, CPS's limited resources are spent going out to investigate claims made by unhappy relatives, neighbors, etc. Sometimes the truly dangerous cases get ignored. Additionally, if CPS picks up the child do not assume that you will automatically get custody. Many times CPS takes custody and both parents have to do parenting plans and hire lawyers. If CPS takes custody, plan it it taking 6 months to a year to get the child back to a relative.

    I assume that you have a family law attorney retained to assist you. I highly recommend that you talk to that person about your concerns.

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  • Want to convict my wife who gave false affidavit that I am un-contactable & annulled the marriage. Can i cancel annulment.

    Hi, I am facing difficult situation. my and my wife had dispute and she lied then i got class C misdemeanor ticket. then i left the home & on my back , she filed for annulment of marriage on the basis of class c ticket and cited in public that my...

    Fran’s Answer

    Perjury is a criminal matter. Only the district attorney can prosecute your ex on behalf of the state of texas.

    Court lost jurisdiction 30 days after judge signed annulment. Talk to a family law attorney about trying to reopen the case. But in texas a court won't make her stayed married if she wants out.

    Talk to your criminal attorney about your case and your questions.

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  • What are the chances to get sole custody if the father is been gone for over 3 years with no support in any aspect?

    We live in separate states the father of my kids is been absent since 1/2013 he never call back, stopped paying child support and changed his number. Now I went back to Florida where I originally filed divorce and child support and the state of t...

    Fran’s Answer

    Since it appears that your case is in Florida you need to repost to get replies from Florida attorneys.

    TX attorneys generally only know Texas laws.

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  • Where can I get a cheap divorce

    We not fighting for anything we both agree on it but it cost so much to get a simple divorce ..where how can we get this done .

    Fran’s Answer

    The Supreme Court of Texas has approved divorce forms for uncontested divorces in Texas. Look on

    If these forms don't fit your assets and debts then you will probably need to hire a lawyer to make sure the paperwork is done properly.

    I've seen people use "bad" forms and not address issues like real estate in their divorce. Then years later they don't have a clean title to sell the property and it costs a lot of money and time to get the "mess" straightened out. It's much cheaper to do it correctly the first time.

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  • What happens after my first court date is reset for a name change?

    I filed for a name change and wasn't told by the clerk that the fingerprints I submitted were only for filing. I had to.submit them to the authorities myself. I found out after my first hearing which the judge reset for a month later. My prints wo...

    Fran’s Answer

    Go down on your trial date and have proof that you submitted the fingerprint cards. The judge should re-set. Most judges don't let their clerks re-set after one extension for pro se parties.

    Of course, I always recommend hiring an attorney but you are free to try to do it without one. Your biggest risk is that he dismisses it and then you have to file a Motion to Re-Consider or just start over from scratch.

    Good luck!

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  • Does my child have to spend a full 30 days with her unstable (mentally and physically) mother during the summer?

    I have custody of my daughter (9) and her mother has visitation rights. Our current order says the mother has our daughter for 30 consecutive days the month of July, however our daughter hates going over there and has hysterical breakdowns almost ...

    Fran’s Answer

    You need to immediately call a family law attorney. Look on this website.

    You should have been calling months ago - like February - because now that it is summer the courts take lots of breaks and their case loads slow down a lot until after Labor Day.

    Only after meeting with an attorney in person and reviewing your current court order can you know the next step you need to take.

    Good luck!

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  • Can my husband kick me out of our house, while still marriage, and rent the house out?

    We built a house about 3 years ago, we are having marriage issues, (he is committing adultery, been married for 12 years) so he wants me out. He wants a divorce, which is fine. He says he has a lawyer, I yet have not got one, will be soon. But be...

    Fran’s Answer

    If this is the house you consider your "abode" or home then only a judge can evict you. He can ask you to leave but he cannot force you to move. Only a judge can do that. Feel free to call your local police, constable or sheriff and they will probably agree with me.

    However, if neither of you can afford to make the payments then perhaps you should consider renting it out. Of course, the profits would be community property. It is irrelevant is the loan is under his name or it was built under your name - unless inheritance or a gift most property accumulated during a marriage is community property.

    You desperately need a lawyer. So look on this website and hire one. I have no idea where you live in Texas so you will need to find someone in your area.

    Good luck!

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