June 30, 2007

U.S. Cuba custody case update

This past Wednesday, a Miami appeals court ordered the judge in a child custody dispute between a Cuban national and a Cuban exile family to open all hearings to the public.

''Under Florida law, the trial court may close any dependency hearing to the public upon determining that the public interest or the welfare of the child is best served by doing so,'' the appeals court wrote. ``However, such a determination must be supported by competent substantial evidence. The evidence presented to the trial court fails to satisfy this requirement.''

Eunice Sigler, a spokeswoman for Florida's 11th Judicial Circuit, which encompasses Miami-Dade County, said the ruling was not yet final, pending a possible appeal by either the girl's caregivers or the Guardian-ad-Litem Program in Miami, which sought the closing of the hearings.

It is my opinion, that labeling this case as being between a Cuban national and a US family is a travesty. As I’ve argued before, there are no parental rights in Cuba, children are in fact “owned” by the State of Cuba, and if this little girl is returned there, she will grow up without human rights, indoctrinated with the frightening, hateful militancy of castro’s revolutionary curriculum.

It would be wrong to grant custody of this little girl to her father if it means returning her to Cuba.

Read the article here.

Posted by Ziva at June 30, 2007 02:57 PM



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Comments

Here we go again, this time we have the public spectacle thanks to the folks at The Miami Herald. Well, I know what side I'm going to be on. Anyone else want to chime in?

Posted by: George L. Moneo [TypeKey Profile Page] at June 30, 2007 05:09 PM

"It is my opinion, that labeling this case as being between a Cuban national and a US family is a travesty."

Yep. It's an old trick: redefine the terms so you can interpret the law the way you want, then decide the case way you want. You get to accommodate your agenda and justify your actions in the process.

Now the child is a "Cuban national" -- slick way of emphasizing the kid is from Cuba, where she belongs, right? Isn't it NATURAL to return the Cuban NATIONAL to her homeland?

Don't know this case except what's been on the paper, but where the hell was this very fit Cuban father BEFORE the child was brought here? Did he fight for custody to avoid her removal from the country? Or is this Elian redux?

Posted by: Gigi [TypeKey Profile Page] at June 30, 2007 09:44 PM

Gigi, if the little background available in the Herald is accurate, he had very little contact with the girl. That fact, along with the fact that she would be separated from her brother seems to me to make staying with the foster family in the girls best interest. Also, I don't know what threat the regime is holding over the father's head, but as a parent, I'd die before I'd be a party to my child being sent to Cuba. There are hundreds (officially, but you know there are many, many more) of Cubans rotting in castro's gulag because they had the guts to stand up to the regime. Where are this mans balls?

Posted by: Ziva [TypeKey Profile Page] at June 30, 2007 10:11 PM

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