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Fran Brochstein

Fran Brochstein’s Answers

3,418 total


  • 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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  • My bfs baby mama tries to take his son away what can he do to end this and have custody of him?

    Every time it comes to me the baby mama gets furious and takes his son away. When she found out we were dating a year and a half ago she took his son for 2 weeks (he's 4 now) and she continues to do so and threatens it whenever my bf wants to brin...

    Fran’s Answer

    I'd look on this website and hire an attorney in Houston to help him.

    Unfortunately what you are describing happens a lot and the attorneys and judges see it on a daily basis.

    There is no easy way to make her "behave". I do recommend that you stay out of it because she obviously feels threatened by you (or any other woman). Mom and Dad need to work this out between themselves. They need to learn to co-parent together for the sake of their child.

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  • What do I need to do to change back to my maiden name?

    I have been divorced for two years. At the time of the divorce I opted not to change my name. Since that time, my ex-husband has made some bad judgements and his character has been questioned. I would no longer like to be associated with his name.

    Fran’s Answer

    I believe that the free forms are on www.texaslawhelp.org with instructions on how to do it..

    Otherwise hire an attorney to assist you. Now you'll need to be finger printed and have a criminal background check done.

    Good luck!

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  • I'm the custodial parent, can I get in trouble for not being able to show up to court?

    My children's father and I seperated and I filed child support against him but we eventually reconciled and are living together. We have a court date this week and our sitter canceled last minute and I have no one to watch our children. He said he...

    Fran’s Answer

    Call the court and tell them that you reconciled.

    If he shows and you don't then I'm not sure what will happen. You don't include what court you are in - family court or Texas Attorney General court? I guess it's TX A G court. You can bring a friend with you to watch the kids in the hallway while you wait your turn. If you reconciled then child support should go away.

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  • Can mother-in-law take back gifts?

    My son just made a year old recently. When I found out I was having a boy, my mother in law bought my baby a swing, stoller, carseat, high chair, and crib. Now that she's upset with me, she's asking for all of that back. Can she legally do that ev...

    Fran’s Answer

    If you want to call her bluff, give back the gifts. Of course, since you are the mother and she is a mere grandmother in Texas then she has no rights to have any sort of contact with your child.

    Hopefully your husband will talk to her and support you.

    I am very nice to my daughter and son-in-law since I want to have a relationship with my future grandchildren.

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  • This is about Family/Elder Law ... I asked it OVER 12 (Twelve) DAYS AGO and have NOT received an answer

    My Mother, aged 90, is living with me. My brother Michael Zargarov has reported Twice that she is in danger. I have been visited, my home visited and inspected 3-4 time. She has been interviewed extensively. The first case was CLOSED because the c...

    Fran’s Answer

    I think the answers by the other 2 lawyers are excellent.

    You posted under "family" which is divorce, child custody and child support basically.

    You need to post under "elder" or "estate planning/probate" law.

    From personal experience, it's difficult to stop "crazy" people from causing mischief. They tend not to follow rules. They don't care who they hurt. They have a lot of time on their hands to think of mischief and cause problems. They want what they want when they want it. When you respond to their demands with silence or non-compliance they escalate.

    Thank you for taking care of your mother. Good luck - you certainly need it.

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  • Does he get a visitation weekend for summer?

    Here is how my papers are written: Summer Weekend possession by him - If he gives me written notice by April 15 of a year he shall have possession of the child any 1 weekend beginning 6pm Friday ends 6pm Sunday during any one period of the extend...

    Fran’s Answer

    Perhaps your decree only states what you included but most Texas decrees include a 30 day default period in the next paragraph (that you did not include) which says if no notice is given then the noncustdial parents gets July 1 - 30.

    So you need to take your decree to an attorney to review.

    Lastly, the order probably also states at the beginning of the possession order that the two of you can do whatever you want and not read any further if you both agree in advance to an alternative schedule.

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