Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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?

Show More
Show Less
Ask Your Own Family Law Question
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.
Ask Your Own Family Law Question
Customer reply replied 4 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.
Ask Your Own Family Law Question
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.

Ask Your Own Family Law Question
Customer reply replied 4 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
Ask your own question now

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

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, 17 years legal experience including family law

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

33,167 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Here was my statement and amended parenting plan I filed
For Sue OnlyHere was my statement and amended parenting plan I filed with the court. I am wondering if I can change my parenting plan as this one was made into final orders March 2018. I want to chang… read more
Sue
Sue
Juris Doctorate
524 satisfied customers
I want to file a modification of a parenting plan. There is
Yes I am needing to file a contempt of court a change of venue any modification of a parenting plan… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,863 satisfied customers
My parenting plan and divorce decree states I need to notify
My parenting plan and divorce decree states I need to notify the other parent of relocation. Do I need to have approval from a judge to move from Missouri to Oklahoma? The non custodial parent just ga… read more
Ray
Ray
Lawyer
Doctoral Degree
32,993 satisfied customers
My ex-husband is moving on base and our parenting plan
My ex-husband is moving on base and our parenting plan states I pick my son up after visits with him but unable to get on base. Should he have proposed a new parenting plan with this move?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,993 satisfied customers
I am getting a divorce. For the parenting plan, I selected
I am getting a divorce. For the parenting plan, I selected Children custom visitation since my husband spends most of the time in China. I put the following statement. "Father can have the parenting t… read more
Sue
Sue
Juris Doctorate
524 satisfied customers
If the custodial parent plans to move over a 100 miles does
If the custodial parent plans to move over a 100 miles does that parent have to meet the non custodial parent half way? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
My ex wife is going against our parenting plan by refusing
My ex wife is going against our parenting plan by refusing me contact with my daughter. her reasoning is she thinks I am doing drugs. I have volunteered to take a urinary analysis like the parenting p… read more
Sue
Sue
Juris Doctorate
524 satisfied customers
After a 9 year marriage that is in the process of Divorce in
After a 9 year marriage that is in the process of Divorce in the state of Missouri, I have a few questions. There is no pre-nup and no dependents. 1. Are assets accumulated personally prior to marriag… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have a parenting plan in place until my childs second
I have a parenting plan in place until my childs second birthday, from there we have have to decide if it is still in the best interest of the child. there are a couple of provision on the that the fa… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have a temporary parenting plan with my son's father who
Hello I have a temporary parenting plan with my son's father who just got out of prison after being incarcerated for 7 years. He gets once a weekend with our son, alternating Saturdays and Sundays fro… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
134 satisfied customers
I am needing some information on modifying a parenting plan
I am needing some information on modifying a parenting plan in TN specific to my situation … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
With a court ordered parenting plan, as the father if I
With a court ordered parenting plan, as the father if I decide not to see my child anymore. Can I go to Jail? Or am I forced into visitation by the court ordered parenting plan? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a parenting plan in the state of ... It is my
ok...... i have a parenting plan in the state of washington... It is my birthday today & according to our parent plan my son was to be with me today. My gun owning , angry (court ordered in anger management) called my father & myself today demaning i bring our son to him...... he called thurston county & pierce county & told them i kidnapped my son the officers cleared me & suggested i get a protection order .... my question is.... i'm scared to take my son to his father tomorrow.... since i plan on getting the order monday morning ... do i have to take my son to see his dad tomorrow? I'm scared he wll take off with him … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,863 satisfied customers
My daughter has a temporary parenting plan in place for
My daughter has a temporary parenting plan in place for 50-50. Her daughters dad has been in jail since feb 23 and will be there for awhile. We put in for temporary full custody it the court date is t… read more
Ray
Ray
Lawyer
Doctoral Degree
32,993 satisfied customers
I have a shared parenting plan and the fsther is refusing to
I have a shared parenting plan and the fsther is refusing to exercise his right to visitation. He only visits his child one day a week and ebery other weekend. He refuses to abide by the order. He did not take her for spring break. When he does have her he has her for a few hoirs and sends her to her grandfather. In the order he is to transport her to all activities on his scheduled time but refuses to. What can I do? … read more
LegalGems
LegalGems
Juris Doctorate
12,263 satisfied customers
Im noncustodial mother with overnight visitation rights that
Im noncustodial mother with overnight visitation rights that since final trial ended my visitations haven't been met. The reason keepers on changing till couple months ago stating I'm not falling orde… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,863 satisfied customers
An agreed, signed and filed parenting plan with the
An agreed, signed and filed parenting plan with the Leavenworth County Kansas family court, apparently yet to be signed off of by the judge. The respondent is pro per and is now objecting to the paren… read more
Ray
Ray
Lawyer
Doctoral Degree
32,993 satisfied customers
I have a question about parenting plan to stop divorce.
I have a question about parenting plan to stop divorce … read more
Sue
Sue
Juris Doctorate
524 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x