FRAN BROCHSTEIN -- 713-847-6000 office and 713-805-9591 cell
Thursday, January 15, 2009
Free 10 minute consultation
I am willing to try to talk to everyone in Harris County that calls me. However, it's only an opportunity to see if you think that we will work together well. I can't give legal advice over the phone since I don't know all the facts in your case. There is no way that I can completely assess a case in 10 minutes.
What an attorney does?
An attorney sells you their opinion of what is going to happen in court. I've found that many people only give me the facts that will result in their winning the case. However, when I question them and begin to get all the facts, I see that they don't have a "slam dunk" case. Often, these people get mad at me because I begin to explain the weaknesses in their case. Ater practicing law over 17 years, I DON'T GUARANTEE RESULTS. Why? Because I don't know all the facts, and I don't know what mood the judge will be in when we appear in court. ANY ATTORNEY THAT GUARANTEES RESULTS SINCE NO ATTORNEY CAN DO PROMISE YOU THAT YOU WILL WIN!
Police reports
The little pieces of paper you receive if you call the police, really are worth much.
If the police officer did not actually see or hear the abuse, it is here-say.
It is much better evidence to have a person who heard, saw, tasted, smelled, etc. the actual abuse that is willing to testify in court.
Anyone with personal knowledge can testify. If a police officer sees or hears anything, then you need to get their name, rank and phone number so that they can be asked to come to court to testify. NOW THAT IS POWERFUL!
I'm still without an office
Ater 2 months, my new office space is still not ready.
However, I'm in the middle of moving my home! I will finally be able to unpack my office files and at least be able to not be surrounded by boxes.
I hope to be settled (home-wise) by February 1st!
Thank you for your patience.
Birth Certificate
If you are not married, each hospital has their own policy in order to put the father's name on the birth certificate.
If you are not sure who the father is of the new baby (or if you are the father and you are not sure if you are the father), then either ask for DNA testing OR don't put your name on the birth certificate.
If the man signs the proper paperwork that is then sent to Austin, TX, and becomes a binding legal document in the State of Texas. The man is voluntarily acknowledging that he wants to be the of this child, even if it turns out he is not the bio-father.
FYI: Of course, my advice could change in the future, if the TX legislature makes a change the next time it meets.
I urge you to talk to a family law attorney before you sign the birth certificate.
Thursday, January 1, 2009
Adult Name Change
First get 2 copies of your fingerprint cards and call me.
It's easy.
Filing fee is approx. $250 in Harris County. The rest is for my time and to talk you through this process.
At least one court will NOT grant an adult name change without an attorney.
Beware of on-line kits.
Name Change in a Divorce
In a divorce, the woman can ask to go back to any name that she's previously used.
It's free!
I'm amazed how many attorneys don't mention this freeby to their clients.
I ignored my court date
You definately need to hire an attorney ASAP.
If it's been less than 30 days, you can ask for a new trial.
If it's been over 30 days, you have a real mess on your hands.
Run...don't walk...to an attorney's office for advice in person.
I might not be the child's father - what shoud I do?
Ask immediately for DNA testing.
If you don't ask, and the court determines that you are the father, at this time, Texas does not have any way for you to correct it in the future.
I suspect that this law will be revised but right now the legislature has not fully addressed this issue.
How will the government collect my past due child support?
There are many ways that the government will collect your past due child support:
1. Any federal refunds.
2. Inheritance -- Yes, they will intervene in a probate and get their money.
3. Social Security - Yes, they will take a portion of your ss to pay your obligation.
4. If you die -- they will intervene in the probate of your estate to get money. This really upsets second wives!
5. You can lose your driver's license.
6. You can lose your passport.
7. You can lose your professional license - chiropractor, attorney, doctor, hairdresser, etc.
Past due child support is an obligation that never goes away.
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