Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Fran Brochstein

1 Answer | Asked in Family Law for Texas on

Q: What can I do if my daughters dad gets laid off and he is the one who provides her with her insurance?

Fran Brochstein answered on Oct 9, 2014

You need to read your court document. It probably says that he needs to get more insurance. If he cannot or won't, then you get it. You can then ask a court to modify the current court order and have him reimburse you for the cost of insuring the child. If no insurance, read decree if see if he... Read more »

1 Answer | Asked in Family Law for Texas on

Q: How can I get my kids dad off child support..or is that even possible?

Fran Brochstein answered on Oct 9, 2014

Impossible to answer without more info. Have you ever accessed any state or federal monies such as WIC or food stamps? If so, he owes the taxpayers of Texas and TX A G won't let him stop paying child support until they are reimbursed in full. Take form to an attorney to review.

1 Answer | Asked in Family Law for Texas on

Q: Can someone explain the court process for establishing paternity?

The TX AG served papers on mom & bio father. Both were asked to file an answer & father was also provided a request for production of documents. Confused why the hearing would be set BEFORE discovery is due? Do these things typically require multiple hearings? Do parents typically get time with the... Read more »

Fran Brochstein answered on Oct 9, 2014

It appears you are in TX A G court. Most are handled very quickly. They establish child support. Their paperwork regarding visitation cannot be modified. I don't like their paperwork. I highly recommend that you hire an attorney to assist you or perhaps move the case away from TX A G court.... Read more »

1 Answer | Asked in Family Law for Texas on

Q: how long is does it take for child support to stop coming out of your check after a woman drops child support?

Fran Brochstein answered on Oct 9, 2014

The person with possession of the child needs to modify the current court order. You need to have the child for aporox. 6 months or have an emergency. I would hire an attorney to serve mom, ask for temporary orders to stop the child support and then have her ordered to pay your child support.

1 Answer | Asked in Family Law for Texas on

Q: I got divorced back in '96 yet i kept my married name. i now want my maiden name back. i have a divorce decree. Now what

Fran Brochstein answered on Oct 9, 2014

If the divorce decree said you can go back to your maiden name then it's done. So to social security then TX Driver's license, etc.

If not done in your divorce, then you need to file an adult name change and have a criminal background check done by submitting finger prints. It is a slow...
Read more »

2 Answers | Asked in Family Law for Texas on

Q: if im 17 and have no guardian what am i considered?

if im 17 not have any guardian since 2012 am i considered as an adult and considered 18 or am i still considered under age?what am i considered?

Fran Brochstein answered on Oct 9, 2014

Attorney Hui is correct. For civil purposes you are still a minor. For criminal purposes you are an adult.

View More Answers

2 Answers | Asked in Family Law for Texas on

Q: My son is with me for the summer, and he does not want to go back with his mom. How do I start the custody battle?

Fran Brochstein answered on Aug 21, 2014

Many children say this during the summer. You need to really determine what is going on. In the meantime, you need to talk to a family law attorney in your county about your options. You might consider mediation. If you don't have it yet, you can ask for an expanded standard possession order... Read more »

View More Answers

1 Answer | Asked in Family Law for Texas on

Q: Can my husband legally put his new girlfriend on his medical insurance with his last name if we are not divorced yet?

Fran Brochstein answered on Aug 21, 2014

No. That might get him fired for insurance fraud. He needs to talk to a family law attorney about divorce law and bigamy laws in the State of Texas. It is illegal to be married to 2 people at a time. He cannot be common law married to her if he is still married to you. I hope this is helpful.

1 Answer | Asked in Family Law for Texas on

Q: If we have no custody paper do I have to give my child to the father?

We were never married and he has threatens to stalk me and take my custody as well as child.

Fran Brochstein answered on Aug 21, 2014

No. I urge you to immediately talk to a family law attorney. If he takes the child and disappears many times the police won't help you. I beg you to talk to an attorney before you surrender the child to him. You need court orders.

1 Answer | Asked in Family Law for Texas on

Q: My ex and I live in texas and we have joint custody or our son,can he move to california and still have the same rights?

My ex husband just informed me that he is moving to California , can he move and not see his son for months and just on holidays? Does he have the same rights as in TEXAS ?

Fran Brochstein answered on Aug 21, 2014

If you and the child remain in Texas then the Texas orders control. You might need to sit down and meet with a family law attorney to understand the new changes with his long distance move. The child can skype or facetime the dad in order to keep in touch. Of course, you need to determine the... Read more »

1 Answer | Asked in Family Law for Texas on

Q: Mom died at when I was 10yrs, met dad at 21yrs for first time, can I file for back child support?

My mom was murder here in Texas when I was 10. My father came in to my life at the age of 21yrs old, can I file back child support that my mother once try to file against him but she did not have any information on him?

Fran Brochstein answered on Aug 21, 2014

No. The child support was for your mother to support you. Plus, you are now over the age of 18. I'm sorry for the loss of your mother. Whoever raised you had the right to ask for child support from him. I can only assume that no one ever talked to an attorney. Pity.

1 Answer | Asked in Family Law for Texas on

Q: can alleged father be force to pay even of he wants no rights

Fran Brochstein answered on Aug 21, 2014

If he is the bio dad of the child, then he will be ordered to pay child support and provide health insurance for the child. But no one can force him to visit or participate in the child's life. In Texas, both bio parents are expected to take care of their children. I urge you to talk to a family... Read more »

1 Answer | Asked in Family Law for Texas on

Q: A u.s.citizen minor mother passed away,can the illegal father get any legal status cause of the minor?

7yr boy mom passed away father is here illegal can father obtain any legal status?

Fran Brochstein answered on Aug 21, 2014

Dad can be granted primary conservatorship of the child. In Texas normally a person's legal status is irrelevant. In the Houston area, we deal with this type of case on a daily basis. Good luck! Sorry for your loss. Please hire an attorney immediately.

1 Answer | Asked in Family Law for Texas on

Q: How can court preceding's occur without being officially served papers?

I am involved in a SACPAR suit, both parties residing in Texas. I have never been served any paperwork by a process server, constable, etc or signed a waiver of service. The ONLY thing with my name on it is a Rule 11 agreement exempting me from a TRO( the R11 agreement doesn't state anything... Read more »

Fran Brochstein answered on Aug 21, 2014

Being served is to give you notice that you are being sued. I think that you asked this question on another website and I've already answered it. File an Answer with your name, address, email and phone number clearly printed on it. Otherwise, the case can go forward without you. Then you could... Read more »

1 Answer | Asked in Family Law for Texas on

Q: non custodial parent plays European basketball are they required to pay child support for the child that lives in Texas?

Fran Brochstein answered on Aug 21, 2014

Parents in Texas are supposed to support their children. You might have a problem serving him with notice of a child support case. But he has to come back to the US sometimes. I urge you to talk to a family law attorney in your county about your options. Good luck!

1 Answer | Asked in Family Law for Texas on

Q: what happens when you receive child support but don't have your kids

I gave my kids to their dad for a year but im still receiving child support. Can I get in trouble?

Fran Brochstein answered on Aug 21, 2014

Who has the kids? Technically the child support is for raising the minor children. You can give him the money back via a check or other form so that you have proof that he received it. You guys might want to modify custody legally. If agreed, it's only doing paperwork and should not be that... Read more »

1 Answer | Asked in Family Law for Texas on

Q: In the state of Texas can a family service plan be enforced when initial complaint is unfounded?

Fran Brochstein answered on Aug 21, 2014

If CPS is involved, then you have to fight with the giant and wealthy elephant in the room. Please hire an attorney immediately to help you. Otherwise, you are looking at months before you get your kids back and CPS can change the service plan any time they feel like it to just make it difficult... Read more »

1 Answer | Asked in Family Law for Texas on

Q: Can I get sole custody of my twins?

My twins have lived with me since I split with there father. They were 3. They are now 11 and the father never sees them. His parents always get them for his visitation. Which to me seems unfair due to the time is suppose to be with him. If he doesn't call me stating the are going to pick him up... Read more »

Fran Brochstein answered on Aug 21, 2014

In Texas it is presumed that it will be Joint Custody. What is important are the rights and duties that each parent receives. I assume that you want to have the right to establish the children's primary residence and select their school.

I cannot tell if there are court orders in place....
Read more »

1 Answer | Asked in Family Law for Texas on

Q: What are some reasons why a Dad (vs mom) would get custody of a 2 yr old who lives @moms. No drugs/criminal hist here.

Ex-bf and I broke up recently. The child lives in my house (I'm the mom). I have provided all his clothing, food, diapers, the 2yr old has a brother that lives with me and his own room. We have been using his parents as the babysitters when I work. Now with the split the ex-bf has moved into his... Read more »

Fran Brochstein answered on Aug 21, 2014

I've seen judges transfer custody due to lice. Also, sex offender in the home. Or, someone in the home is on drugs. So there are many reasons how a mom can lose custody of a 2 year old.

In your case, the threat is often made as a form of punishing and scaring you. I highly recommend...
Read more »

1 Answer | Asked in Family Law for Texas on

Q: I was receiving government assistance but no longer get it do I still have to put my kids father on child support?

We were separated but are officially.back together staying in the same household

Fran Brochstein answered on Aug 21, 2014

If you received government money then you assigned the TX A G office to collect the money from the father on behalf of all Texas taxpayers. You probably cannot stop the TX A G from pursuing him until they have been repaid in full. I hope this is helpful. If not, talk to an attorney in your... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.