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Hi Tina,I have a lady friend living in India who is still…

Hi Tina, I have a...

Hi Tina, I have a lady friend living in India (Indian citizen) who is still married to US citizen/ American, now living in Novi, Michigan. They had 4 boys, all raised in India. Last year her husband kidnapped all boys and brought them from India to US without the knowledge of their mother. Mother has no resources to fight a legal battle here. How can she get custody or visitation rights?

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Answered in 6 hours by:
6/26/2013
Fran-mod
Category: Family Law
Satisfied Customers: 48
Verified
I have let Tina know that your question is waiting for her. She will see that when she checks her email.
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Customer reply replied 5 years ago
Here's the email from my friend -


I am the battered and deserted spouse of my US husband. My husband, as we are still married, though a divorce and custody case is pending in Indian courts, has illegally kidnapped my four children, aged 7, 12, 15 and 16, from India and is now in Michigan, US.

I have not been able to file a case for parental kidnapping as it is not recognized in India, as is the case in Michigan. This email is to ask if you are aware of how I can get access to any pro bono legal services in the US so that I can see my children again, or be able to work out a parenting plan that will be equitable for us all.

We married in 1992 by Hindu Vedic rites and we had the marriage notarized by the Special Marriage Act in the Delhi High Court in 1992. Prior to marriage, My husband had applied for an alien fiancee petition, which had been approved by the US Immigration authorities. As they never resided in the US after marriage, I was never able to apply for a green card or apply for US citizenship. Since we married in 1992, we have been residing continuously in India, and all our four sons were born here.


From April 16, 2012, I have been living alone as I fear for my life.

My husband during the pendency of several cases and litigation, without obtaining the requisite permission from the various courts where our cases are pending, has illegally kidnapped my four children from India and went back to the United States, after selling all our furniture and assets, without even letting me know or allowing me to see my children for one last time. I last saw my children on May 26, 2012.

He and the boys left India approximately August 6, 2012. 2 of the boys passports had expired, so I am unsure how they left as US law says that both parents need to sign the form for a new passport.


I am really struggling to make ends meet with lawyers’ expenses, inability to get a full time job because of court dates, work on legal petitions, and just dealing with the grief of being deprived of my children.

I am now living on my own and would like to request any kind of legal help possible so that I can see my children again, and work out a parenting and visitation plan which would work for both parents, keeping the children's mental and emotional health in focus.

Could you please let me know if I can access any pro bono legal services in the US that would help her in my quest? I can provide any legal documentation that may be needed. I am located in Delhi
Thanks for the additional information. Tina will be able to access it when she sees your question.
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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Good morning and thank you for requesting me.

The message you posted here indicates there is already legal proceedings pending in MI. Does this woman currently have an attorney? If so, has she asked them what pro bono resources might be available in the state? Do you know what the status is of any proceedings that have been filed?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 5 years ago
The legal proceedings are continuing in India not MI. She has no money to afford any attorney here in USA. She does not have any help from pro bono lawyers too from MI state.
I see. Thank you for clarifying that for me.

There are some pro bono and low cost legal assistance programs in Michigan. Here is a link to one associated with the University of Michigan:

http://www.law.umich.edu/careers/probono/Pages/default.aspx

Legal Aid usually assists residents of Michigan only, but your friend may wish to contact them as well to see whether they are aware of any programs which may be able to assist her. Here is a link to Michigan Legal Aid's website:

http://www.michiganlegalaid.org/

She could also try the State Bar of Michigan, which also has a pro bono project. Here is a link to that website:

http://www.michbar.org/programs/probonomanual.cfm

It may take some time to locate someone who can assist her since this involves complex legal issues, but if she is persistent, she should be able to locate attorneys/law students who are able to help her.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Tina and 87 other Family Law Specialists are ready to help you
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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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