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[QUOTE]Originally posted by Omega: [QB] Sol: "At any rate, this case should have been open and shut. In this sort of situtation, by law, regardless of the nation of origin, custody reverts to the parents. Open and shut, I say." "In this sort of situation, custody reverts to the surviving parent. It has in uncounted numbers of similar cases since who knows when." Me: "All children are wards of the Cuban state anyway." This is from Castro's own statements, and those of refugees from Cuba that are unrelated to this case. "As for international law, what's the law when the surviving parent is a citizen of a country where he can NOT legally have custody? I seriously doubt there's any precident in that case. So in this situation, one parent is dead, and the other is unable to take custody. Who, then, gets the child? I'm no lawyer, but I'd guess the closest relative that IS able to take custody, which in this case, is exactly where he was until this week." --- Sol: "He's not a boy in Cuba anymore, he is an Image. An Icon. And he won't be able to escape that. That is the real tragedy here." Me: "He'd be better off as a star than a normal kid in Cuba. As a star, he might have a chance of actually getting enough to eat, and not being sent to the fields to work his butt off earning his free education. Not to mention the possibility of being sold as a mercenary to S. America or what have you. 'Course, he'd be infinitely better off being poor here..." --- "I have not seen a single source giving credence to what you claim that doesn't originate from the relatives in Miami." "My claims that children are wards of the state in Cuba have been confirmed by Castro himself, along with everyone who's ever lived there. Castro has also stated that Elian will be sent to a deprogramming (read: brainwashing) center for some months if he returns." --- Hardly ignoring your points... What the kid wants isn't particularly important to the "abusive environment" argument. A kid could want to live with a father who abused his other kids, but I seriously doubt that a court would allow it. Once again, Sol, you bring up a non-analagous situation. If Canada started taking kids from the US, aside from getting their butts kicked, they'd be removing children from the custody of PARENTS, when they have no evidence that those parents are abusive. In a similar situation between the US and Cuba, however, we'd be taking a kid away from the custody of a GOVERNMENT, which we have overwhelming evidence IS abusive. It's completely different. Look, Sol, I'll make it rediculously simple: The parental guardian is dead. The other parent is legally unable to recieve custody. I'm no lawyer, but it would seem that custody of the child, until otherwise decided by the courts, would probably go to whomever has de facto custody, but possibly the nearest relatives who ARE able to take custody, or the people whom the mother expressed she wished to have custody. In this case, that's all the same group of people. The people with custody articulated Elian's desire to obtain asylum, as would be their right. The law states that any Cuban that is physically present in American territory can apply for asylum, with no age limit on that law. Elian's guardians applied for asylum for him. It's that easy, Sol. If you've got a problem with the logic or facts in that argument, please point it out. And as for you, Daryus, the US may not be Heaven, but Cuba, by all reputable accounts, is about as close to Hell as you're likely to find on this planet. Which, since Castro made it that way, WOULD make him the devil in an army suit. [IMG]http://flare.solareclipse.net/smile.gif[/IMG] [/QB][/QUOTE]
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