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Fran Brochstein

Fran Brochstein’s Answers

3,363 total


  • How can i remove child support

    My ex boyfriend has child support but his not giving any money and i just want to take child support off and his rights. How can i do all this steps ?

    Fran’s Answer

    From my experience in Houston, family judges just don't easily terminate a person's parental rights. Yes it can be done but it's rare and the burden will be on you to prove to the judge that it should be done. Why? Because if you die then the child is an orphan. He might not be a great dad but he is the bio dad with legal rights under the laws of the US. So talk to a family law attorney in person about your rights and options. Good luck!

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  • Am I entitled to alimony if my wife makes three times as much as I do. Also owing to the fact that my standard of living has dep

    I have been living in our house until our separation which has put me in a depreciated standard of living. I wish to know if I'm entitled to payment of alimony by my wife who makes three times as much as I do. She makes roughly $90,000 per annum w...

    Fran’s Answer

    You have not provided enough info to answer. Spousal support is gender neutral in Texas. I've gotten husbands spousal support if they qualified under Texas law. So you need to talk to a family law attorney. We are not allowed to make suggestions so look around on this site and call a few. Some will do a free consult or an inexpensive consult - worth the time and money to find out your rights.

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  • How is it possible for my son's grandma a.k.a mother in law take my son away from me if she has a sickness where she can die?

    My mother in law has a sickness where she can die God knows when, could she still take my son away from me? Or she can't because of her sickness? And she's also overweight, she can barely move around and her legs are always hurting and she also wo...

    Fran’s Answer

    If grandma has care, control and custody of the child for 6 months (without you in the home) then she has standing to ask for custody. If you leave without the child then I'm sure her attorney would claim that you abandoned the child.

    Generally, grandparents don't have many rights in Texas but since you live with her and she can hire a lawyer she can certainly try to make your life difficult.

    You need an attorney. I don't know what county Humble is in. Look on the State Bar of Texas website for pro bono ()free) attorneys in your county. You might try South Texas College of Law if the case is in Harris County. There is also Lone Star Legal and Houston Volunteer Lawyers but they are usually swamped.

    Good luck.

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  • Should I terminate the rights of my son's father?

    My son will be two in December, his father hasn't seen his son since he was three weeks old. I haven't spoken to his father since May of 2015.. He has not helped financially or in any way.. I am looking into either filing for child support or term...

    Fran’s Answer

    As usual I agree with Attorney Thomas Baker.

    In Harris County, most courts will not terminate a parent's rights unless there is a new person (step-parent) to adopt. It does happen but not often.

    If you don't want him involved then don't do anything. Without him filing for paternity then he has no rights. I hope he's not on the birth certificate.

    If you need the money then talk to a family law attorney. I would not go to TX Attorney General's office. They tend to use only their forms and I personally don't like them.

    If you have applied for any sort of federal or state aid, then you have given the TX A G permission to go after him to get taxpayers money back. If you don't get any sort of aid or insurance for the child, never apply.

    I hope this info is helpful. If not, talk to a lawyer. Look on this site and hire one. Good luck.

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  • How quick can i have my kids removed from their father

    We were going week by week and he ran off with my kids out of town and will not let me see them i need to file for custody but would like them in my care through the process

    Fran’s Answer

    First, next week is Advanced Family Law course in San Antonio and most attorneys and judges will be there.

    It appears that your case might be in Harris County or Montgomery County. You need to file now to get a hearing date. The date will probably be after Labor Day. This time of year many people file for modification after summer visits. Quite frankly, beginning of summer, send of summer and Christmas are times of the years that I hate since my phone "blows up" with calls from unhappy parents.

    Look on this site and hire someone. We are not allowed to make recommendations on this site.

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  • Can wife open an account in my Name WITHOUT my approval or power of attorney?

    Here is the Background, last year when I was stationed in Germany my (soon to be ex) wife went to a phone Provider and opened an account in my and her Name (BUT under my SSN alone) and signed it. At no time I was Aware of that, she never had my ap...

    Fran’s Answer

    Go to the police and file an identity theft report. Then you will have a police form with a number.

    This happens all the time. Since you are married, and under Texas law you have a duty to support her, it might be considered by a judge to be reasonable.

    You need to talk to a family law attorney in your county. It sounds like you might be getting divorced soon. Additionally, I personally hate collection agencies so you might need to talk to a lawyer about your options regarding that debt. Collection agents lie like dogs. They usually work on commission so they will say anything to get you to pay $$.

    Identity theft is normally done by people that know you - siblings, parents, best friends, etc. because they know your full legal name, dob, ss#, where you work, etc.

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  • Divorce by mutual agreement. Received a trial on the merits notice

    Hi. My husband and I filed for divorced almost 3 months ago. We did it by mutual agreement. We have no kids nor properties so we are dividing the little we have by ourselves. He filled for divorce so I was told in court that we needed to fill out ...

    Fran’s Answer

    In Harris County most of the family courts issue a "trial" or "dismiss" notice 3-6 months after the divorce has been filed. The computer does it - no human looks at it.

    You need to look on www.texaslawhelp.org for a Waiver of Service form and a Final decree of Divorce without children.

    Also, look on the court's website and see what other forms that court requires. You need a BVS form to be sent to Austin.

    If you are both agreed, then you can both go down to court on the uncontested docket (call the court to see when they do theirs) and just submit the paperwork and stand in front of the judge under oath and ask for a divorce.

    If this is too confusing then you might have an uncontested case but you need a lawyer. The judge has to quit practicing law once they go on the bench. It's your obligation to figure out what you need.

    Good luck!

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  • Can the unmarried mother of a child add a middle name (maiden name)? My baby is two years old.

    Upon reflection, I've decided I wanted to add my maiden name hyphenated with my daughters surname. I originally planned on doing this but my family talked me out of this at last moment. I've worked very hard to replenish and build my maiden name i...

    Fran’s Answer

    You've asked this question another time on this site.

    It's a name change so a judge must approve it and order that new birth certificate be issued.

    Talk to Dad and see if he will agree.

    Again, if your maiden name is added as her middle name then if she marries and takes her husband's name then the middle name is normally dropped.

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  • Can I add my maiden name hyphenated with my daughters surname. We never married and my baby is two years old.

    Upon reflection, I've decided I wanted to add my maiden name hyphenated with my daughters surname. I originally planned on doing this but my family talked me out of this at last moment. I've worked very hard to replenish and build my maiden name i...

    Fran’s Answer

    To change a child's name requires a judge's signature. Both parents must agree to the name change. I do know that many judges in the Houston area hate hyphenated names - especially if both are really long.

    I don't live in your area of Texas so I don't know what your judge would do in your case. Talk to an attorney in your county.

    By the way, many new brides change their names to their husband's last name so adding your name will not insure your legacy.

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  • 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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