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Elian Redux

For those who like their family law disputes with a little Cuban flavor, there is this story from NPR:

A child custody trial begins Monday in Miami that threatens tobecome a repeat of the Elian Gonzalez case.

Afarmer from Cuba is trying to get his 5-year-old daughter returned tohim there. Her mother brought her to the U.S. but was declaredincompetent after trying to commit suicide. A Cuban-American fosterfamily in Miami, where the father is a well-known sports agent, wantscustody of the girl.

The judge hasremoved a gag order, but so far the case is not the talk of the city,in part because Cuban-Americans are still sheepish over how the Elianstory made them look to the rest of the nation.

About the Author

Eduardo Moisés Peñalver is the Allan R. Tessler Dean of the Cornell Law School. He is the author of numerous books and articles on the subjects of property and land use law.



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I supported our government returning Elian to his father in Cuba. I did so because I had no reason to believe his father did not love his son.Assuming similar circumstances in the current situation, I support the return of daughter to father in Cuba.

By the way, I offer this opinion even though a sister-in-law, her sister, and parents fled Cuba 40 or so years ago after Castro took power (and she might disagree with me here). She and my brother have three children: a daughter, married with children, and with a bachelor's degree; and two sons --- a sophomore at the AF Academy and a senior at the Naval Academy. Their dad, my youngest brother, met their (future) mom at a junior college, entered the military about the same time, and retired with 24 years active duty almost 10 years ago. They stuck through the hard times and all the moves from Florida to Alaska and points between!

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