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Originally Posted by Mellowicious
I just don't think it's a slam-dunk . . .

I don't think it's a slam dunk either, Julia. But it's looking more, rather than less, like one, as a result of the boy's testimony. It seems unlikely that this alleged abuse can be "proven", but in such a case the child's word usually trumps the parents. Especially when one of the parents has a reputation for being "loco" and the other for being absent.

I have no clue why the father is now making all this effort to gain custody. Nor am I greatly concerned with the reason. I just hate to see the child becoming a political football. As far as we know, she has never lived with the father, ever. She has never known a stable family life until her foster home, it would seem.

My neighbors have a foster grandchild with a similar background. Their son and DIL recently adopted her. They're rednecks through and through, Southern Baptists, and I have no doubt they would vote for their dog before they'd vote for a Democrat, but they treat the girl well.

Everything else pales in importance, IMHO.


Steve
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so that we may grow with peace in mind.

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Normally I wouldn't bother to respond to such patently partisan pappery, but this particular bomb in your barrage of snide remarks segues nicely into this latest news from CBS:
And I'm sure the Cuban-American couple in Coral Gables did not coach that testimony at all. American Rightwing political fanatics have never been shy about using children as part of their political agenda, and this case will be no different.

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if that's not the case, why would he bother trying to get this child, if he didn't want her? It's not a small task.
Maybe he just loves his daughter.

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I suspect the judge in the case will likely come to a different conclusion than you have, Philly Steve, much more in line with the evidence in the case than with partisan blindness, IMHO.
If the judge does not do the "right" thing from a Rightwing ideology point of view, you can always count on Bush intervening in order to retain the Florida vote.

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Originally Posted by Philadelphia Steve
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Normally I wouldn't bother to respond to such patently partisan pappery, but this particular bomb in your barrage of snide remarks segues nicely into this latest news from CBS:
And I'm sure the Cuban-American couple in Coral Gables did not coach that testimony at all. American Rightwing political fanatics have never been shy about using children as part of their political agenda, and this case will be no different.
When have "American Leftwing political fanatics" not used children as part of their agenda? There are few Democrats in national politics who have not said that this program is "for our children" so it MUST be supported.


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Originally Posted by Philadelphia Steve
I'm sure the Cuban-American couple in Coral Gables did not coach that testimony at all.
Speculative.
Originally Posted by Philadelphia Steve
Maybe he just loves his daughter.
Flies in the face of the evidence.
Originally Posted by Philadelphia Steve
If the judge does not do the "right" thing from a Rightwing ideology point of view, you can always count on Bush intervening in order to retain the Florida vote.
Partisan hackery.


Steve
Give us the wisdom to teach our children to love,
to respect and be kind to one another,
so that we may grow with peace in mind.

(Native American prayer)

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Originally Posted by stereoman
Originally Posted by Phil Hoskins
Steve, on this I am certain you are simply wrong. Allowing a child to emmigrate is not a surrender of parental rights. Only a court order accomplishes that. And I do mean only.

I never claimed that it was, Phil. I am merely stating what I read in the article that supported the claim that the father gave up custody rights. You seem to be basing your conclusion on something the article doesn't even address.

Both you and Philly Steve conveniently failed to consider the statement in the article that the father is going to court to "regain" his custody rights. Why is that? In Philly Steve's case, I can accept that it is an effort to color the case in entirely partisan shades. But what about you, Phil? Are you saying that the statement does not support the claim that the father gave up custody rights, or are you just ignoring the evidence?

It may be helpful to look at some other articles for further details. Here are a couple I read this morning:

Miami Herald: birth father fights to gain[/i] custody

In this article we learn that the father was in fact married to [i]another woman at the time he got the child's mother pregnant, and the mother was married to another man as well. This raises an interesting question: did he ever have custody of the child?

Guardian: fight over Cuban girl reaches FL court

In this story we learn that the father did not provide child support for the girl. We also learn that the foster parents formally adopted her older brother without asking permission of the birth father. What does that tell us about whether or not the father has any sort of custody rights in the eyes of the State of FL?

As I said before, this case looks bad for the birth parents. And I think it is a mistake to automatically side with them for reasons of partisanship, when it is the child's welfare that ought to be paramount.

I do not know how a child can be adopted without either the consent of the parents or a court order severing the relationship between parent and child. It cannot happen in california, and I do not know if it is possible in Florida or not, and the articles you cite really aren't helpful since they are not written from a legal point of view.

I am sure once the court issues its order in this case, we will learn much more. I have no idea about what is best for the child and have never presumed to comment upon that.

My only point is that we ought to be very wary of the state's power to take children from a parent, even a bad parent. That is a very intrusive power and one that normally conservatives rail against. As I said, it seems to me the main reason why such opinions are not expressed in this case is the nationality of the petitioning father, and I think that is a shame.

The testimony of a child of 13 is received by the court with caution and normally a court will require some corrobarting evidence, although not always if it is convinced the child is testifying without pressure, coaching or coercion.

I practied family law for many years and have represented parents in court fights with the state over such matters. The court is, in this state, bound to defer to the parents unless convincing evidence is shown that their rights are to be terminated.

Placing a child in a foster home is far easier and can rest simply on a finding about the best interests of the child and a showing of abuse.

I think what I have read is inconclusive on those issues, but much more evidence would be given to the judge in the case, so I would defer to her on that point.

I emphasize, my point was about the seeming prejudice in the blogosphere against the father because he lives in Cuba.


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Actually, the first thing I smelled was money...as in "wealthy foster parents."

After I put that aside, I wondered if the the situation would be different if, assuming all other details were the same, the mother wanted to bring the child back to Cuba.

Then I returned to the smell of money and I'm still kind of stuck there.

(I do agree with Julia, however, that we don't have enough facts.)


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What bothers me about stuff like this is that the press has the opportunity to frame the story, and people base opinion on that.

Had the story been framed as "Cuban father comes to rescue of child" the same story could have generated very different reactions.

I don't claim to know what's right or wrong here - but the manipulation, or at least the potential for it, rubs me very much the wrong way.


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Thanks Phil, good post.

Originally Posted by Phil Hoskins
I emphasize, my point was about the seeming prejudice in the blogosphere against the father because he lives in Cuba.
Oh. I honestly hadn't caught that. Do you have some examples?


Steve
Give us the wisdom to teach our children to love,
to respect and be kind to one another,
so that we may grow with peace in mind.

(Native American prayer)

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