Skip to main content
Fran Brochstein

Fran Brochstein’s Answers

3,414 total

  • Child Custody Hearing

    I'm going to court for mediation about child custody. What should I expect at mediation, and how can I best present myself?

    Fran’s Answer

    I agree with attorney Baker.

    You can look on the internet for info on mediation.

    On my website is a mediation paper I prepared years ago for paralegals. You might find it interesting.

    If it's TX A G again - they don't represent you. They represent the taxpayers of Texas.

    See question 
  • Do I have to withdraw all my money from the bank for divorce?

    Hi lawyers. According to divorce process, could judges or authorities in Texas be able to check my bank? My wife and I agree to divorce that's why I started filling out (Divorce Set 1 - Uncontested, No Minor Children, No Real Property) for my div...

    Fran’s Answer

    I would agree with Attorney Robert. I would not lie on a legal document filed at the courthouse. It's considered perjury.

    Also, Texas does not have legal separation so you are using "community resources". Even though you are separated you are still married.

    It appears you are representing yourself. Usually not a good idea since you probably don't understand the TX Family Code or how TX courts operate. But you are certainly free to try to do it yourself.

    In summary, I've ben licensed 25 years and I always hire a lawyer if I need to possibly set foot in a courtroom. I think the saying is a person that would represent themselves in court is a fool.

    See question 
  • If I'm 16 any my mom wants to change my last name to her husband can she do it even though I don't want to?

    My mom has married a new guy and I don't have contact with my father but I don't want to get rid of his last name and let them change it to my moms new husband can they change my last name without my permission?

    Fran’s Answer

    You definitely have input as to your last name.

    Also, your dad has to agree to the name change - unless his parental rights have been terminated by a court.

    See question 
  • I need recorded phone messages printed. How do I get that accomplished?

    Could be headed to divorce court. Need messages printed.

    Fran’s Answer

    Be sure to save the recordings on another device. All too often the phone breaks, disappears or magically deletes the messages. It happens quite frequently.

    See question 
  • Is my wife commingling community property when she deposits tax refund into her personal account?

    My wife has been cashing in tax refund money for the past three years and she deposits the money into her personal bank account.

    Fran’s Answer

    When you are married, the two of you can do whatever you want.

    Only if you file for divorce does anything become important. I have noticed that most judges will not go back 3 years on tax return refunds. Some will only entertain the current year.

    It sounds like you might be headed for separation or divorce. I advise you to NOW talk to a family law attorney about Texas law.

    See question 
  • Does cps have the right to harass me about my past?

    About 4-5 years ago I lost custody of my two kids and case has been closed for years but now I have 1 month old and they randomly showed up at my door taking pictures and asking me to do a drug test and said it was because of my past. Can they do...

    Fran’s Answer

    They are involved because of your prior CPS case. You probably should hire an attorney. You can refuse to cooperate but then they will be forced to go in front of a judge and actually file a legal document.

    This is one reason why people love and change counties - and leave no forwarding address. Many people just move county to county because CPS will just appear at their door.

    See question 
  • Counter Petition on child support in hopes of gaining custody and/or way of working together on the children's upbringing.

    The mother of my child would usually keep me away from my children no matter what I try to do whenever she gets mad at me over a relationship. Within the last 3 months, it's been hectic. She cut me off from them completely and now I found out it's...

    Fran’s Answer

    You need to meet with a lawyer. What the other attorney said is correct - if it's been over 6 months then you are probably going to have to go to CA.

    Next week is Advanced Family Law seminar in San Antonio and most attorneys will be there. You might have some trouble finding an attorney next week. But call now and try to get an appointment for 2 weeks.

    Good luck.

    See question 
  • Setting up an LLC

    I am currently married in Texas. If I set up an LLC and loan my own separate property (cash) to that LLC, does that cash become community property?

    Fran’s Answer

    Your probably want to re-post under business and not family law.

    The LLC would be community property if it is set up during the marriage.

    The burden would be on you to show that you put separate property into the LLC to try to rebutt the community property presumption if you divorce.

    You might want to meet with a business attorney and have some legal paperwork written up and have your spouse sign acknowledging that this is separate property and that your spouse recognizes in the event of divorce that it will still be considered separate property.

    You probably need a CPA too.

    See question 
  • My marriage is void because of my former "husband's" bigamy. Do I need to file a petition to annul marriage?

    My married a man and lived with him for a year. However, after leaving, I discovered that he actually had another wife whom he had not divorced and even had kids with. He eventually divorced his real wife, but during the time I married this man an...

    Fran’s Answer

    As soon as he divorced his "old" wine then your marriage became valid.

    You can certainly try an annulment. It will depend on the judge in Texas.

    See question 
  • Can I move 100 miles away from my current place of residence with my son?

    My current order was finalized at the beginning of May with the geographical restriction of 50 miles from my current location (my moms house). My ex moved super close to me and it's too close. I want to give my son and I a fresh start. My ex is ve...

    Fran’s Answer

    1. Judges in Harris County and most Texas counties expect people to co-=parent. It's difficult to co-parent and be involved in your child's school, extra-curricular activities if the child lives 100 miles away.

    2. You just finished your case in May 2016. You need to wait a year to modify or you need to ask for "emergency" orders.

    I recommend that you take your papers to an attorney to review. Quite frankly, most courts iin this area of Texas won't let you leave Harris and counties contiguous to Harris County - that can be more than 100 miles but the burden is on YOU as to why you need to modify. I assume he's always been "controlling" so his behavior is not a change in circumstance to ask for a modification.

    See question