The Elian Case in Family Court

What might happen?

The Miami relatives who claimed for months that they would turn Elian over to his father if he came to the USA--because then Elian "would be in good hands"-- now asserts that the boy's father is guilty of domestic abuse. He is a violent, impulsive man who beat his wife and his son, says one former neighbor of Juan Miguel Gonzalez. Many feel this is a desperate last-ditch attempt to keep custody of the boy. The accusations come after repeated government assertions that only abuse by the father could possibly warrant a custody battle.

One has to wonder why they kept insisting that Juan Miguel Gonzalez come here if he is such a violent character.

Considering their own tainted histories, the Miami relatives may have done better to stick with their human rights argument than to broach the questions of paternal fitness. Doing so could in turn open up a slew of easily-provable accusations against them as well.

Before Juan Miguel Gonzalez came to the United States, he wrote a letter to the U.S. Immigration and Naturalization Service asking that his son be transferred to another home.

"Among the people who constantly appear next to my son ... are the well-known twins, both with long criminal records and convicted several times by Florida courts," wrote Gonzalez. "How many other individuals with similar records surround my son?"

The Miami Herald cited Jose Cid's record as indeed including aggravated assault, burglary and grand theft. Luis Cid has convictions for carrying a concealed firearm, resisting an officer with violence and, most recently, robbing a tourist in little Havana.

According to several news sources, both the boy's great uncle Lazaro and his brother have had multiple drunk driving convictions. Lazaro has also faced allegations of child abuse in the past.

In addition to all this is Marisleysis's precarious state of mental health: Elian's cousin and now-surrogate-mother  has been repeatedly hospitalized for anxiety and other stress-related symptoms. Such problems existed before Elian arrived in the United States, but have been more frequent since the saga began. In any custody battle, Elian's father's attorney will surely attack her weak state as insufficient in terms of caring for Elian as his new mother. It will be argued that, especially now, with all he has been through, the child needs strong, supportive and ever-present adults in his life.

Family courts in the United States tend to bend over backwards to accommodate biological parents, even in the most disturbing of situations. Women who have beaten one child to hospitalization or death are often given a chance to raise the remaining children. Kids in good foster or adoptive homes have been taken from the only family they have known and returned to biological parents with long histories of drug abuse. This family court stance is the bane of existence for many child's rights activists. Nevertheless, the trend does not bode well for the Miami family.

The accusations from both sides have probably just begun. There is almost no doubt that any battle for custody in family court would be one of the ugliest ever seen by the public eye.

And so we wait for what comes next. And hope for the best.

Jennifer and Peter

More analysis from Born Abroad guides:

Elian for Legal Dummies
Our guide to U.S. Politics sheds light on the legal ins and outs of the Elian case.

If Elian Goes Home
The guide to US Government Information and Resources explores what Elian's life will be like in Cuba, with basics on the Cuban government, its constitution and human rights in the country.

US Cuban Relations

Cuban Coverage

Castro Ups the Ante

Daily Immigration Headlines, including Elian Archives going back to November.

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