Mother Gains Custody of Her Son

For many people who need legal advice, the cost of a private attorney can be an insurmountable barrier. Every year, JF&CS Bet Tzedek provides access to free civil legal services to over 350 people in desperate situations who could not otherwise afford an attorney.

One grateful client is Soledad*, who came to this country illegally six years ago, fell in love with an American man, and had a child. Sadly, the relationship quickly went awry, and Soledad fell victim to his violent outbursts and threats.

She explained, “He kicked me out when I was seven months pregnant, but I came back after he begged and cried because I loved him so much.”

Soledad’s plight was even more troublesome because of her immigration status. Soledad added, “I had no life. Friends and family tell me to leave him but I was afraid because I was here illegally.”

After their son was born, Soledad’s boyfriend said he was going to take their baby away and have her deported. Despite the fact that her boyfriend repeatedly threatened her physically and verbally, Soledad continued to try to make the best of her tragic situation, working six days a week as a housekeeper to support their family.

After years of suffering, Soledad finally found herself homeless with her toddler. With help from another local organization, Soledad obtained a restraining order that has served to keep her safe from harm. But she needed additional legal assistance to secure her relationship with her son.

Soledad was told about the JF&CS Bet Tzedek program, which means “House of Justice” in Hebrew. The program provides free advocacy, legal information, and referrals to private attorneys. Rachel Pemstein, Esq., Bet Tzedek’s Program Coordinator, assessed Soledad’s legal claims and referred her to Steven D. Weil, an attorney at the Boston firm of Cohen & Fierman, LLP. Steven has volunteered with Bet Tzedek for almost 15 years and for the past several years has served on its Advisory Committee.

With Steven’s help, Soledad filed a complaint to establish sole legal and physical custody as well as child support. Over the next nine months, Steven worked with Soledad as the case made its way through the judicial system and, finally, to a trial. Steven ultimately spent 40 to 50 pro bono hours on the case. Happily, the judge ruled in Soledad’s favor. As a separate matter, her immigration status was resolved and she no longer fears deportation.

Steven said, “Soledad got high quality legal services that would have cost her tens of thousands of dollars and she deserved it. She’s a mom who was really struggling to make it work for herself. She did the right things in a tough situation.”

Soledad said, “I love this country. Here people help you and you have rights. I am so happy for the help JF&CS gave me. Now every day is fine.”

*Name changed to protect privacy.