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Fran Brochstein

Fran Brochstein’s Answers

3,404 total


  • 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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  • Can I get a restraining order to keep my husbands sister away from me and my kids and stepson?

    She have been nothing but horrible and cruel towards me and my kids. She tried to attack me the other day and has harassed us as a family. From constantly smearing my name and reputation to trying to convince my husbands son that I am a bad person...

    Fran’s Answer

    You can call the District Attorney's office and see if they will take your case.

    You can also hire a private attorney to try to get a restraining order.

    It's not that easy. But only after talking to an attorney or the Harris County District Attorney (one is civil and one is criminal) will you know if you have any options.

    When the attack occurred were the police called? What did they say when they came out?

    Merely being nasty and horrible and cruel is not enough to get a restraining order.
    But since I don't know any of the details please don't rely on my answer as gospel.

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  • Should I let my soon to be ex husband take our 3 year old son for the weekend?

    we just separated not too long ago and we just also filed for divorce, we have a 3 year old son, is it ok for me to let our son go for the weekend with his father? or should I wait until court? my mother in law is dying to see her grandchild but s...

    Fran’s Answer

    If you have an attorney call your attorney.

    It sounds like there are no court orders. Therefore, anyone that has the child can keep the child and not return the child. And, the police will tell you it's a civil matter and to go to court. Getting a hearing date (especially in summer) takes quite awhile in Houston - could be approx. a month.

    The good news is that grandparents in Texas have very limited rights. There is not much she can do. If she wants to see her grandchild then she needs to be nice to mommy and daddy.

    Talk to an attorney in person!

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  • Please help me

    I am custodial parent, and my Daughter's Father is violating our Attorney General visitation court order. He is refusing to give her back to me, I cannot even talk to her on the phone. There is NO court order saying she can NOT be around me. Pol...

    Fran’s Answer

    The other 2 attorneys answers were excellent.

    This is a civil matter so the daddy, fiance, mother and attorney will not be arrested.

    You need to hire an attorney and go to court. If he's violated a court order that is contempt.
    If he has not, then probably a modification is appropriate.
    Without looking at your legal documents none of us can tell what needs to be done.

    Good luck!

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  • What is considered frequent and continue in contact ?

    My orders say frequent and continue in contact. My child's father will not let talk with our child. He had him call me yesterday morning and hung the phone up on me after 2 minutes and u tried to call today and received the following: "And we ar...

    Fran’s Answer

    Frequent would be what the judge assigned to your case feels is appropriate. Most think daily contact is too much. Many think once or twice a week is ok. Some think less often is ok. So it really depends.

    It appears that your current order does not specify how often frequent is defined.

    If you are unhappy then talk to an attorney and have them review your current court order.

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