H4, divorce, custody

[begemot]

We recently got acquainted with a young Asian lady, who is here on H4 visa (has husband is on H1B). The marriage is not going well and she wants to divorce him and to return home. The problem is that they have a 2 years old daughter, born in USA, and this lady does not want to be separated from her daughter.
When the lady hinted she would like a divorce, the husband told that he does not want the divorce, and that he would never let their daughter to leave US with the mother. He also took away the passports of his wife and daughter. The husband does not really care about the girl, does not spend time with her, and it clearly bothers him when she even approaches him. It looks like it is just a way to blackmail the wife.
If the wife applies for divorce here in US, does she have a chance to get custody rights which would allow her to leave US against the (ex-)husband will? She does not have any money and does not speak good English, so she cannot afford an attoney.

 

[acr]

She needs to file here so the ex will pay her from his salary. Find the lawyer that would work on the agreement on that.

 

[So_Special]

I know from personal experience it will be next to impossible that any US family courts will allow her to leave the country with the child permanently if the husband objects. At best, she will get visitation where the child goes to her home providing the husband agrees. Other than that, it's a virtual impossibility and a for a good number of reasons. I say that with 99.7% confidence. Taking away the passports is a non-issue since she can always re-apply with her country's embassy and providing the child may have dual citizenship, get a foreign one for child too.

Her best chance, quite honestly, is to wait for the passports, buy the tickets and flee while he's at work or something. Oh yeah! I am sure he'll come after her but that's another story.

Btw, similar situation happened to my brother who had married a Filipina.

 

[Femoski]

I know from personal experience it will be next to impossible that any US family courts will allow her to leave the country with the child permanently if the husband objects. At best, she will get visitation where the child goes to her home providing the husband agrees. Other than that, it's a virtual impossibility and a for a good number of reasons. I say that with 99.7% confidence. Taking away the passports is a non-issue since she can always re-apply with her country's embassy and providing the child may have dual citizenship, get a foreign one for child too.

Her best chance, quite honestly, is to wait for the passports, buy the tickets and flee while he's at work or something. Oh yeah! I am sure he'll come after her but that's another story.

Btw, similar situation happened to my brother who had married a Filipina.

I agree entirely with you.

 

[absrao]

I know from personal experience it will be next to impossible that any US family courts will allow her to leave the country with the child permanently if the husband objects. At best, she will get visitation where the child goes to her home providing the husband agrees. Other than that, it's a virtual impossibility and a for a good number of reasons. I say that with 99.7% confidence. Taking away the passports is a non-issue since she can always re-apply with her country's embassy and providing the child may have dual citizenship, get a foreign one for child too.

Her best chance, quite honestly, is to wait for the passports, buy the tickets and flee while he's at work or something. Oh yeah! I am sure he'll come after her but that's another story.

Btw, similar situation happened to my brother who had married a Filipina.

Are you suggesting she flee with the kid? Isnt that considered international abduction and have severe penalties, specially involving a child born and is USCitizen ?

 

[elcupacabras]

I know from personal experience it will be next to impossible that any US family courts will allow her to leave the country with the child permanently if the husband objects. At best, she will get visitation where the child goes to her home providing the husband agrees. Other than that, it's a virtual impossibility and a for a good number of reasons. I say that with 99.7% confidence. Taking away the passports is a non-issue since she can always re-apply with her country's embassy and providing the child may have dual citizenship, get a foreign one for child too.

Her best chance, quite honestly, is to wait for the passports, buy the tickets and flee while he's at work or something. Oh yeah! I am sure he'll come after her but that's another story.

Btw, similar situation happened to my brother who had married a Filipina.

Your suggestion had a 'wonderful' outcome for this woman!
http://www.guardian.co.uk/lifeandstyle/2009/feb/13/extradition-usa