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Questions Answered by Shahnaz Hussain

1 Answer | Asked in Family Law and Child Custody for California on

Q: Can a mother of 2 living with the father of her children not married leave the home and take her children with her?

The father of the children lives half of the time with another woman and bring the other woman into the mothers homeAnd threatens the mother that he will take the children away if she tries to leave

Shahnaz Hussain answered on Aug 25, 2018

Yes. You can take your children away if there aren't court orders with custody visitation orders; as well as orders stating that the parents cannot take the children without the noncustodial parent's permission etc.

2 Answers | Asked in Divorce for California on

Q: My wife wants a divorce and we have a house together and its only in her name and not mine.

she thinks i don't deserve anything from the divorce

Shahnaz Hussain answered on Mar 26, 2018

It does not matter what your wife thinks. If the house was purchased during marriage, it's community property. You have an equal interest in the property even if the house is only in her name.

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1 Answer | Asked in Family Law and Child Custody for California on

Q: The mother of my kids has wrongfully accused me of sexuly abousing my step daughter. Cops were called cps got involved.

After an investigation the case was dropped. Now I'm going to court for custody for my kids. The mother is threatening me. Saying she is telling the judge I sexually aboused her daughter.

What can I do to help my situation?

Will a judge hear the allegations if they were already... Read more »

Shahnaz Hussain answered on Feb 20, 2018

Just tell the Judge that the case was dropped because he allegations were false. The Judge will believe you.

2 Answers | Asked in Domestic Violence for California on

Q: My exboyfriend has court on 2/20/18 for domestic violence case. I have not been summons to testify. What does it mean?

He is been accused of trying to choke me. When the police arrived the officer immediately saw the marks on my neck. I told her I didn't want to press charges but the officer said "its now me against him"

Shahnaz Hussain answered on Feb 14, 2018

The DA will summon or serve you with a subpoena when and if there is a trial. They will also send an investigator before that to question you about what happened if it goes to trial. So the DA will do what they have to do when the time arrives.

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2 Answers | Asked in Domestic Violence for California on

Q: I wrote a letter to the DA that I dont want to testify in a dom. violence case against my ex bf. Can I get in trouble?

what other info. can I provide you with, so you can better understand my case? I want to help him but at the same time I do not want to incriminate myself because I didn't do anything wrong. I did write a letter but I am hesitant about sending it because I don't want to have any problems with the... Read more »

Shahnaz Hussain answered on Feb 14, 2018

If you disobey a subpoena from the DA to appear at trial, you can get into trouble.

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2 Answers | Asked in Criminal Law and Domestic Violence for California on

Q: I'm from California I let my niece stay with me for a couple of days and this was just before Christmas

Is February the 5th and she taking over my house she hit me once and then she threatened me with a baseball bat if I come back ato my house I'm sleeping in my car I want my house back what can I do

Shahnaz Hussain answered on Feb 10, 2018

You should first file a police report for assault and battery. Then get a restraining order against her.

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1 Answer | Asked in Child Custody for California on

Q: When does a court order for custody end?

My step son has just turned 18 but is still in High School. We are continuing to pay child support until he graduates as required by law but we would like to know if his mother is required to continue to follow the court order until he is out of High School. She no longer wants to comply with drop... Read more »

Shahnaz Hussain answered on Feb 9, 2018

If there's a court order, the Mother should comply. Child Support should end after your Stepson graduates from high school.

1 Answer | Asked in Child Custody for California on

Q: How do I as a father ensure that I maintain primary custody of my six-year-old daughter when her mother and I are split

My daughter is 6 years old my ex-wife and I had her and have been living together and raising her until just recently when she had an affair and my daughter and I moved out gentleman she doesn't seem at all to have a problem with not having any custody I don't want any animosity between us about... Read more »

Shahnaz Hussain answered on Feb 9, 2018

You should file a paternity action and then request custody and visitation orders. Do not take your time on this.

1 Answer | Asked in Child Custody and Family Law for California on

Q: If the father isn't on the birth certificate and the baby has moms last name does that mean mom has full custody?

Or would she have to file for it?

Shahnaz Hussain answered on Feb 9, 2018

It sounds like the Father wasn't involved in his child's life from birth if the Mother didn't name him on the birth certificate.

But the facts may show that Father was taking care of his child since birth in which case it doesn't mean that Mother has full custody. So it is based on the...
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