August 13, 2007
Custody hearing a sham
Based on leaks to the press, it sounds like Judge Cohen has already made her decision in the custody case between Cuba and the State of Florida, and is just going through the motions.
From the Miami Herald:
Though Cohen expressed dismay that the long custody battle is traumatizing the girl, she told lawyers for the state Department of Children & Families and the Guardian ad Litem Program that the birth father has ''fundamental rights'' to raise the daughter unless he is proved to be an unfit parent.That, Cohen added, is a very tall order considering the state's case against him is "not by any means a slam-dunk.''
"I don't know of any legal standard that would allow me to keep the child away from her father . . . I can't stop the visits. I don't want to.''
The judge described the department's case against the Cuban national as ''iffy,'' and said it would only hurt the little girl more in the end if the visits cease and then resume again if her father prevails in court.
Judge Cohen also expressed her desire to please the appellate court, not wanting her decision reversed. I'd like to believe she has the best interests of the child in mind, but I don't think so. She's made prejudicial statements before, and now it sounds like she basing her decision more with an eye to her judicial record than her conscience.
Everyone keeps talking about parental rights; what about the fact that there are no parental rights in Cuba? Shouldn't that be a consideration is this case?
Read the whole depressing article here.
Posted by Ziva at August 13, 2007 10:02 PM
Trackback Pings
TrackBack URL for this entry:
http://www.babalublog.com/cgi-bin/mt/hut.cgi/5818
Comments
How is it a sham allowing a daughter to be with her father. You are so blinded by your hatred of Fidel Castro that you seem to have little care for the Cuban people.
Posted by: havanajournal ![[TypeKey Profile Page]](http://www.babalublog.com/nav-commenters.gif)
at August 14, 2007 08:17 AM
havanajournal,
How is it a sham to want a child to have a future?
You are so blinded by your liberal stupidity that you have absolutely no care for the Cuban people that, in Cuba, (contrary to Havana Journal's business interests) live like cattle. Herded, rounded and under the prod of the Cuban government.
What's in the best interests of the child? To live with rationed food, political indoctrination, illusory universal healthcare, a future of indentured servitude, no freedom of speech, no freedom of expression, no freedom to travel...the list is endless.
Posted by: Val Prieto at August 14, 2007 08:42 AM
Travesty that this is, I think we need to be very careful how we respond. We lost a lot of ground with Elian and Castro's imminent demise.
Personally, I'm waiting for Elian to hit twenty, take to the gulf, and get a book deal. We'll see then.
Posted by: ruth at August 14, 2007 10:01 AM
ruth,
Unfortunately, Im of the belief that Elian set porecedent and thus, this girl, and most probably every other child under silmilar circumstnces will ultimately be sent back to Cuba.
What really bothers me abpout all of this is everyone jumping in for the "rights of the father". Well, you know what? Any father , or mother for that matter, worth their salt should want what is best for their child, no matter what sacrifices must be made. And everyone that tells me that this girl will be better off in Cuba simply because she's with her father, to me, is full of shit and willingly blinding themselevs to the very simple, and very obvious facts.
Posted by: Val Prieto at August 14, 2007 10:38 AM
This is most sad, all the faked statistics, the lies, and the strident partisanship of Castro's supporters have distorted the harsh reality of Cuba. It should be sufficient to say for instance that the poor child will not be allowed to have milk after sheis seven...
I could cry...
Posted by: Larry Daley at August 14, 2007 11:48 AM
Agreed. There was Pedro Pan, and that was in the days of innocence. Also, I think it was Zlata's Diary that had similar situations with parents sending their children abroad without them.
Posted by: ruth at August 14, 2007 12:21 PM
The father should seize this opportunity to defect and demand that Cuba allow the rest of his family to join him. Put the onus on the regime for a change.
Posted by: Ziva at August 14, 2007 01:01 PM
Ziva,
if you have Cubans living here in exile that are afraid to speak out for fear of repercussions toi their families remaining on the island, I doubt this father has the courage to speak out while here.
Posted by: Val Prieto at August 14, 2007 01:13 PM
I know, just wishing, and there are exceptions, awe inspiring acts of bravery. I see no happy ending to this story.
Posted by: Ziva at August 14, 2007 01:30 PM
Post a comment
Thanks for signing in, . Now you can comment. (sign out)
(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)
