I am a Filipina living in the US. I have a daughter who I left in the Philippines who is now 9 years old.
I was married to her father on July 2001 and separated June 2003. Filed for divorce in the US on March 2007 which he signed and was granted the divorce on August 2008.
I have re-married to a caucasian in 2010 and he filed for an immigrant visa petition for my daughter.
I plan to go home in May 2011, but it all depends on my daughter's visa. I want to be there for her interview. I want to know the answers to my questions so I will be able to decide whether or not it is possible to file for a full custody case.
My questions are:
1. Would my 2nd marriage make my chances at full custody slim, no chance at all or I have a fighting chance?
2.How long is a custody court battle? Is it possible to pursue it while I live in the US.
3. How much will it cost me?, so I will be prepared financially when I go home, just in case I decide to. [ball park figure at least]
4. How brutal will it be for my daughter? [I'm doing this to ensure that she has a better future but if this will destroy her, I don't think I'd be able to bear that.]
Her father is a project engineer. He doesn't have a house, he is living in MY parent's house because my daughter doesn't want to live in his parent's house. He sends my daughter to a school that I believe doesn't develop my daughter's full potential. My daughter doesn't have a very good social life for her age and that's why she has dogs in exhange for friends she should be playing with. Her father doesn't have friends [unbelievable, I know!!] and so my daughter usually plays with 2 of her cousins on her father's side on some Sundays, but she has complained about it as she is not really close to them. Her father works 5 1/2 days sometimes 6 days which doesn't leave so much room for him to spend time, teach or bring my daughter to educational places, like parks & zoos etc..
I speak to my daughter every weekend on my effort. He has never communicated with me to inform me about the develpments or achievements of my daughter or anything concerning my daughter he makes decisions by himself. There was a point where he didn't not let me speak to my daughter for months, it was very depressing.
My daughter has her complains, but knowing and seeing [skype] that my daughter is not very sociable and just keeps to herself is very heartbreaking. She spends a lot of time with her dogs and complains that she doesn't have playmates. The school that she is in is not good even. My daughter is painfully shy and scared to express herself.
This is very heartbreaking for me, especially that our neighborhood is full of kids. I only work part-time that's why I know I can better care for my daughter and when my daughter decides to stay with us I'd find a part time work around her school schedule so I can closely supervise her. School is just 5 mins away from our house. I know that my daughter will have better growth and opportunities here with me than she has with her father.
Thank you very much for all the valuable information you can provide.