August 15, 2023 by Natalie Cochran
Lone Star Legal Aid’s Cheranda Robertson Helps Mother Pursue Financial Justice and Child Custody Amidst Abuse
In 2013, Maira and Charlesh wed in Pakistan, aspiring to a brighter future in the United States. Charlesh migrated in 2015, followed by Maira and their child in 2017. They secured employment, obtained green cards, and aimed for U.S. citizenship. After arriving, Charlesh’s demeanor changed, leading to abuse and then a divorce and custody dispute.
Charlesh deliberately isolated Maira and the children and made their lives miserable. He would take advantage of Maira by withholding and controlling the money, preventing her from having any financial independence. He forced Maira to give up her job and be a stay-at-home mother, even though she is an educated woman with degrees in psychology.
Charlesh began by yelling and swearing, but later became violent. He would threaten to revoke her green card and hit her if she tried to contact the authorities. Maira fled to a women’s shelter after a dispute over her signing unfamiliar documents. Their two children remained at home with Charlesh, and Maira did not see him or the children. She was completely cut off from any form of communication because Charles had altered her Apple ID, and she had no working phone. This meant she couldn’t even contact the children or any other family or friends.
When Maira reached out to Lone Star Legal Aid (LSLA), she sought a divorce and custody of their two children due to the physical abuse she experienced. When LSLA Staff Attorney Cheranda Robertson asked Maria about Charlesh’s finances, health insurance, or if she has ownership in the home, Maira was unable to answer, as she stated her husband controlled everything in the home. Maira was uncertain how her husband obtained his green card, but believes he earned it through his job. She was also unaware of her husband’s finances, debts or accounts.
Turns out the unfamiliar documents Maira signed were legal documents waiving all her rights and granting Charlesh permission to ask for whatever we wanted. Maira was coerced into signing those documents and needed Roberston to file the right documentation to reverse the situation and restore Maira’s original rights.
Robertson told Maira, “You need to have more rights to your children and proper possession and access to them. You are entitled to joint managing conservatorship (meaning you both make decisions). You are entitled to a stand possession order of school visits and holidays. You are entitled to a geographic restriction stopping him from removing the children from Fort Bend and counties surrounding Fort Bend.”
The review of the clerk’s files showed Charlesh filed for divorce on March 23, and Maira signed a waiver on March 27th. In his divorce pleadings, Charlesh asked Maira to pay child support and be awarded all their property. He granted her the weekend visits, but no holidays.
Roberston provided essential guidance to the client, suggesting the importance of assembling witnesses who could testify to Charlesh’s abusive conduct. Recognizing the significance of substantiating claims, this step aimed to strengthen Maira’s case. Robertson skillfully guided her through the intricate mediation process. During these mediation sessions, our she negotiated with the opposing party to secure a tailored agreement. These agreements, customized for Maira’s circumstances and goals, have given her a great start to rebuilding her life.
“Charlesh would have stood a chance up against her pro se, so I’m glad we were able to represent this woman. She got the custody orders she wanted, all debt awarded to Charlesh, and a lump sum of cash from Charlesh along with personal property from the home, etc. I’m proud of the agreement we reached for her, and I feel her life is off to a great new start. Maira is grateful and happy with the results,” Robertson said.
“Thank you for assisting me with my legal issues. Even though we live in America and the court system has American standards, in our home, our Pakistani customs vary differently. A judge would have to understand the pressure and fear I felt while living with Charlesh. As a wife, I must do what I am told. I have no family here, so I am all alone and have no one to ask for help. I do not regularly attend mosque services, so I have no resources there. I have no friends or relations with my neighbors either. I have been totally afraid of him for years. My husband forced me to sign documents and I had no option but to sign them. I had no choice but to sign the custody battle paper and I could not take the children. Again, your help is greatly appreciated,” expressed Maira.
*All names have been changed to protect the identity of the client(s).
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
