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Questions Answered by Fran Brochstein
1 Answer | Asked in Family Law for Texas on
Q: What are my options?

What if the father of my child lives in Alabama and is wanting to give up his rights so he won't have to pay back child support.

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Options for what? You might want to talk to a family law attorney in your county. There are many excellent free booklets on family law on the internet. Look under "Houston Bar Association" for a wonderful free booklet that explains basic family law. The TX A G website is also helpful.... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If I take my kids dad off of child support, will he still have rights?

I have a form from the attorney generals office that is notarized to not let him know of our location due to our safety. His mother is court ordered to not be around the kids without supervision. He breaks all the rules of the child support, including when he brings the kids back...it is never at... Read more »

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Yes, only terminating his parental rights will end his parental rights. Judges want parents to support their kids so you might not be able to find a judge willing to sign your paperwork. I urge you to talk to a family law attorney immediately before you do anything.

1 Answer | Asked in Family Law for Texas on
Q: My husband and I have his three children for the last six months,support is still taken from his check what do we do?

She(the birth mother) is on public assistance(over $600 in food stamps)and has moved out of her mothers house with a new boyfriend

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Talk to a family law attorney in your county about filing for a modification and asking for legal custody. Look around for an attorney that will work with you regarding price. If mom agrees to the modification, it's only preparing paperwork for the judge to sign and stop the child support... Read more »

1 Answer | Asked in Family Law for Texas on
Q: i have a court order for my childrens father to pay child support but he refuses how do I get him to pay?

I have talked to lawyer but he seems to not want to help me

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Contempt. If he won't pay then he can be fined or jailed. Perhaps 6 months in jail might make him more interested in paying his child support. Please call a family law attorney in your county for more assistance.

1 Answer | Asked in Family Law for Texas on
Q: No court order in place. I am not on birth certificate.Its proven Im the father. My child is in danger. Can i keep her?

She has an open cps case. Her child from another man was given to the father in another state where she also had an open cps case. She fled that state and came to texas. She has a drinking problem and has random men come over. My daughter is only ten months.

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Call a family law attorney tomorrow. You need the advice of an attorney in your county. I assume no court has declared that you are the bio father of this child. If you have a DNA test, that is a good place to start but a court must determine that you are the bio dad. Good luck! Lastly, I would... Read more »

1 Answer | Asked in Family Law for Texas on
Q: My son in law said he would give us custody of a child but his ex wife is not my daughter how do I go about getting cust
Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

If you have possession of the child for 6 months then you have legal standing to go to court and ask a judge for custody. It is irrelevant if you are a relative or not. I once got a "babysitter" custody because mom left and did not come back for over 6 months. I urge you to immediately... Read more »

1 Answer | Asked in Family Law for Texas on
Q: My daughter lives in Venezuela, and her father in Houston, can I get child support trough Texas law?

What he pays is not enough and he wont pays more.

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

If child does not live in the US then the Texas courts do not have jurisdiction over her. Have you talked to an attorney in Venezuela? If you come to Texas, the Texas court might make the child move to Texas -- do you want to move to Texas?

1 Answer | Asked in Family Law for Texas on
Q: My son is 10 and has been living with me for 8 yr. Ive even paying child support,now she wants to take him,what can I do

She's been seeing him every other weekend and won't take me off child support. She's just taking him and enrolling him in school there with very little warning to me. What do I need to do? I want custody and want to stop her.

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Run...don't walk...to a family law attorneys office and ask for custody. You have standing to have primary custody. Good luck!

1 Answer | Asked in Family Law for Texas on
Q: I have custody of my daughter through a child support document. My daughter now wants to live with him now

He won't make her come home so I feel like I'm forced to let her stay now since police won't help. I agreed to let her stay through December and will let him enroll her in school. By doing this could it be mistaken as I'm agreeing to this and I wonder if the school will let me... Read more »

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

If agreed, all you need is paperwork changing custody.

If you don't agree then you can either litigate or go to mediation. Mediation is normally faster and cheaper.

If he had the child for more than 6 months then in Texas he has the right to ask for custody.

If the...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: Who has more visitation rights? The guy on the birth certificate, or the biological father thats on child support?

The biological father is also on back child support

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Read the court order that started child support. I suspect that the man that was ordered to pay child support was declared by the court to be the legal father of the child.

If you need further assistance, I highly recommend talking to a family law attorney in person.

1 Answer | Asked in Family Law for Texas on
Q: If I have 2 kids and 1 wants to be with me. and my ex wife keeps the other. Do I still pay child support?

My case is in Texas by the way. I have been paying child support for many years now. My son who is 13 years old has been living with me for the past 3 months now. I turned in the affidavit notarized. But they say I still have to pay child support. Even though they had already told me my case... Read more »

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

1. Judges don't normally like kids split.

2. Many times attorneys calculate what you would pay and what she would pay -- then the parent that would pay the high child support pays the difference to the other parent. So if she was ordered to pay $1,000 and you were ordered to pay $500...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: My sons father is in mississippi. He is a non custodial parent. I live I texas. Does he have to know where I live?
Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Normally in Texas the order states that you must keep each other informed of your employer, home address and phone numbers. Sometimes if domestic violence has been an issue, this requirement can be removed. Without looking at your legal papers I cannot address your exact concerns. If you have... Read more »

1 Answer | Asked in Family Law for Texas on
Q: False Domestic Violence After Divorce is filed in Texas

I filed for divorce with my wife after 5 years of marriage. She responded with Motion of Mediation and asked for child support. I responded saying that I will pay child support but I strongly disagreed that there is any chances of reconciliation with her. Then, she charged me with Domestic Violence... Read more »

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

This is a very common problem. You need to immediately hire a family law attorney that has handled cases like yours before and plan on a fight. Good luck!

1 Answer | Asked in Divorce for Texas on
Q: I'm divorced, no kids, was married 25 years. Can my retired ex wife take me to court in the future for anything else?

Can she come back and sue me for any support or make me divide any new investments that I started after the divorce which concluded in November of last year?

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

If the decree stated that you had to do something, like pay a debt or give her a car title, then she could take you back to court. Otherwise, after 30 days the court loses jurisdiction over your case and it is final.

1 Answer | Asked in Divorce for Texas on
Q: I want to modify/tighten up my divorce decree, adding a parenting plan. No change to custody or support. How?

I live in Texas. We have one child. Share 50-50 joint custody.

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

File for a modification. You might consider mediation to resolve your differences. Normally if it has been a few years the court will look at child support and bring it current. I hope this info is helpful.

1 Answer | Asked in Divorce for Texas on
Q: If the judge has not signed the final divorce decree, are the terms enforceable

The decree was to be effective on Aug 1st, however her lawyer got it to me on the 13th. When is the decree in effect? I as well plan to appeal the judges decision, however I can't appeal it til after the decree is filed.

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

No. If the document has not been signed by a judge then no one is "ordered" to do anything and there is nothing to enforce.

1 Answer | Asked in Divorce for Texas on
Q: If I have my 3 boys for a month do I still pay support for that month.

We have join custody but I will have them for a month do I still need to pay support for that month

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

If there is an order then it states it's paid monthly. Just because you had the children for one month in the summer does not negate your need to pay child support for that month -- unless your decree states differently. If you don't understand it, take it to a family law attorney to... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I got married in Becar county but am now living in Webb county should I have filed in bexar since thats where I got marr

I got married in Becar county but am now living in Webb county should I have filed in bexar since thats where I got married at?

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

You file where you currently live if it's been more than 3 months.

It's irrelevant where you married.

Good luck!

1 Answer | Asked in Divorce for Texas on
Q: How do i find a cause #? My Ex filed for a divorce and will not tell me when or where. He is now Remarried.
Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

Contact the Bureau of Vital Statistics in Austin, Texas. They keep track of all divorces throughout the State of Texas.

In a divorce you should have been served with legal paperwork. If not, that is suspicious.

You need to make sure that the divorce was finalized and the Final...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: What I'm entitled to in a divorce?

Married in US, no kids and we live in Mexico, I'm Mexican and my spouse American. We don't own a house and we only have material things to divide... and the fact that my business was located in our home (his parent's), now I will have to move (or close) the business and I no longer... Read more »

Fran Brochstein
Fran Brochstein answered on Aug 21, 2014

If you now live in Mexico then where you married is irrelevant since you are no longer considered a Texas resident after you left Texas for more than 6 months. I don't know Mexican law. Talk to an attorney where you currently reside. I hope this info is helpful.

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