88-538: Elián González Brotons (born December 6, 1993) is a Cuban engineer and politician. As a young child, he was at the center of a high-profile international custody dispute between family members and involving Cuba and the United States . On November 21, 1999, Elián's mother, her partner, and Elián fled Cuba by boat as part of a group of refugees attempting to reach the United States. The boat sank during
176-500: A parenting plan . The different forms of physical custody include: Joint physical custody , or shared parenting , means that the child lives with both parents for equal or approximately equal amounts of time. In joint custody, both parents are custodial parents and neither parent is a non-custodial parent. With joint physical custody, terms such as "primary custodial parent" and "primary residence" have no legal meaning other than for determining tax status. The term " visitation "
264-508: A parent or guardian and a child in that person's care. Child custody consists of legal custody , which is the right to make decisions about the child, and physical custody , which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce , annulment , separation , adoption or parental death. In most jurisdictions child custody
352-469: A Professor of Law at Harvard Law School, claimed that the best interest rule is indeterminate. It is considered to be a broad and vague set of guidelines that only leads to increased conflict amongst the parents instead of promoting cooperation that would actually lead to the best interest of the child being met. Some of these problems specifically include: In order to better analyze the "best interest" of children, several experiments were conducted to observe
440-437: A capacity or willingness to render a quality of care different from that which the father can provide", a New York court stated in 1973. It was at this time that the basis of the "best interest rule" was changed to address many aspects of the child's care in order to promote gender neutrality in decisions regarding custody. These aspects include the child's mental, emotional, physical, religious, and social needs. All children have
528-657: A day later Reno made the decision to remove González from the house if the negotiations failed and instructed law enforcement officials to determine the best time to obtain the boy. They decided to hold the raid on either Saturday, April 22, or Monday, April 24, to avoid Good Friday or Easter Sunday . President Bill Clinton urged Reno to keep the negotiations going but approved the raid if they failed. De la Cruz and Saladrigas convinced Gonzalez's relatives in Miami and their attorney Aaron Podhurst to allow Juan Miguel temporary custody over Elián while custody negotiations took place in
616-493: A dinner in the Georgetown neighborhood of Washington, DC, hosted by Smith and Elizabeth Bagley . After González was returned to his father's custody, he remained in the U.S. while the Miami relatives exhausted their legal options. A three-judge federal panel had ruled that he could not go back to Cuba until he was granted an asylum hearing, but the case turned on the right of the relatives to request that hearing on behalf of
704-879: A foster care center. In some states joint physical custody creates a presumption of equal shared parenting, however in most states, joint physical custody creates an obligation to provide each of the parents with "significant periods" of physical custody so as to assure the child of "frequent and continuing contact" with both parents. For example, U.S. states such as Alabama, California, and Texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible. Courts have not clearly defined what "significant periods" and "frequent and continuous contact" mean, which requires parents to litigate to find out. Cuban Americans Too Many Requests If you report this error to
792-595: A hundred years. The only exception to maternal presumption was if the mother was considered to be "unfit." Most often, this occurred when women had committed adultery or left their husband. By the early twentieth century, divorce cases became more common, and custody disputed simultaneously became an issue that affected many families. With the changing attitudes of the Roaring 20's, a woman's sexual conduct no longer prevented her from receiving custody for her children. The double standard on sexual conduct of fathers and mothers
880-726: A local Cuban-American businessman, became a spokesman. At the same time, Juan Miguel, with the support of Cuban authorities, demanded that his son be returned to Cuba. On January 21, 2000, Elián González's grandmothers, Mariela Quintana and Raquel Rodríguez, flew from Havana to the United States to seek their grandson's return to Cuba. While they were able to meet with the boy only once at the Miami Beach home of Barry University president Sister Jeanne O'Laughlin, they journeyed to Washington and met with congressmen and Attorney General Janet Reno . After nine days of media coverage (during which Republican lawmakers acknowledged they did not have
968-680: A major factor in Bush's narrow lead in the state as the raid caused Cuban-Americans in Florida to strongly favor him over the Democratic Party nominee Al Gore . Polls in 2001 indicated that Bush captured 80 percent of the Florida Cuban-American vote in 2000, 50,000 votes more than the previous Republican nominee Bob Dole 's 65 percent of the Florida Cuban-American vote in the 1996 United States presidential election . Later,
SECTION 10
#17327807436421056-514: A nation. If a plaintiff files a legal jurisdiction that the plaintiff believes to have more favorable laws than other possible jurisdictions, that plaintiff may be accused of forum shopping. The Hague Convention seeks to avoid this, also in the United States of America , the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to
1144-534: A parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent. Legal custody involves the division of rights between the parents to make important life decisions relating to their minor children. Such decisions may include choice of a child's school, physician, medical treatments, orthodontic treatment, counseling, psychotherapy and religion . Legal custody may be joint, in which case both parents share decision-making rights, or sole, in which case one parent has
1232-439: A result, there has been a push to allow for joint custody of children in the most recent years, which strives to best meet the interests of the children and most evidently favors a gender neutral stance on the custody issue. However, the decision is highly situational, for joint custody can only be achieved in the absence of certain exceptions. For example, history of domestic violence found from either parent can most certainly trump
1320-525: A safe house in Miami. However, Juan Miguel and his attorney Gregory B. Craig rejected the deal and demanded that the boy be brought to Washington, D.C. They announced their reservations to the deal on the early morning of April 22, a matter of hours before the raid. Reno subsequently called Lázaro González at 2:00 am asking him to hand Elián over to the United States Marshals Service with the promise that she would fly to Miami in
1408-492: A week to child care while men allocate about 7 hours a week. Additionally, according to the Current Population Survey, in 2013, custodial mothers were more likely to have child support agreements (52.3 percent) comparative to custodial fathers (31.4 percent). Women's and father's rights activists often become involved in matters of child custody since the issue of equal parenting is controversial, most of
1496-437: A week with his father or one of his grandmothers and the rest of the time with his mother. On November 21, 1999, González, his mother Elizabeth Brotons Rodríguez, and twelve others left Cuba on a small aluminum boat with a faulty engine; González's mother and ten others died in the crossing, and their bodies were never recovered. González floated at sea on an inner tube until he was rescued by two fishermen, who handed him over to
1584-579: Is also a member of the National Assembly of People's Power and has attended events for the Communist Party of Cuba with González, who has been called up to the stage to meet Fidel Castro . In September 2005, González was interviewed by 60 Minutes and stated during the interview that Fidel Castro was a friend, and that he considers Castro "not only as a friend but as a father"; González's aunt, Angela González, said she doubted whether
1672-622: Is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility , " residence " and " contact " (also known as "visitation", "conservatorship" or "parenting time" in the United States ) have superseded the concepts of "custody" and "access" in some member nations. Instead of
1760-427: Is not used in joint physical custody cases, but only for sole custody orders. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule , also known as a parenting plan or parenting schedule . Sole physical custody means that a child resides with only one parent, while the other parent may have visitation rights with their child. The former parent
1848-477: Is the custodial parent while the latter is the non-custodial parent . Comparing 36 western countries in 2005/06, Thoroddur Bjarnason studied the proportion of 11-15-year-old children living in different child custody arrangements. The percent of children living in intact families with both their mother and father were highest in Macedonia (93%), Turkey (89%), Croatia (89%) and Italy (89%), while it
SECTION 20
#17327807436421936-483: Is the principal law that governs child custody. Under that statute and case law, the governing principle in child custody determinations, whether to a parent or third party, is the welfare of the minor. Looking at the history of child custody demonstrates how the views of children and the relationship between husbands and wives have changed over time. The view of children has changed from economic assets to individuals with their own interests. Fathers were also once seen as
2024-528: Is usually decided based on the welfare principle, considering the best interests of the child. Parsi Law : Child custody for Parsis is governed by the Parsi Marriage and Divorce Act, 1936, where the court considers the welfare of the child as the main criterion. Secular Law : The Guardians and Wards Act, 1890, is applicable to all communities and provides provisions for the appointment of guardians for minors and custody issues. In custody matters,
2112-581: The 2000 United States Senate election in New York , agreed with FLEOA in asking for an apology. Giuliani refused to apologize, although he stated his criticism was aimed at President Clinton and Attorney General Reno. He later withdrew from the race for unrelated reasons. Public opinion about the INS raid on the Miami González's house was widely polarized. There were two major focuses in media coverage of
2200-506: The Cuban Adjustment Act in 1966, which sought to provide political asylum for Cubans who fled their country in the hopes of a new life. Under the act, Cuban refugees without visas entering the United States were paroled, and after a year could apply for permanent resident status. The US also issued 20,000 lottery visas every year to Cuban emigrants under the wet foot, dry foot policy . Under this policy, those who reached
2288-464: The Immigration and Naturalization Service (INS) released González to his paternal great-uncle, Lázaro. According to The Washington Post , González's father, Juan Miguel González Quintana, had telephoned Lázaro from Cuba on November 22, 1999, to advise that González and his mother had left Cuba without Juan Miguel's knowledge, and to watch for their arrival. The U.S. legislation system had enacted
2376-775: The United States Coast Guard . The two other survivors of the journey, a young couple, made it to the Florida coast separately. González's cousin Marisleysis said that Elián had told her that the boat's motor broke down and they tried in vain to bail out the water with nylon bags, but a storm doomed their efforts. He told her he tried to help get the water out and his mother's boyfriend placed him in an inner tube for safety. "He said afterwards that he fell asleep and that when he woke up he never saw his mother again". He said, "I think she drowned too because she didn't know how to swim". Nivaldo Fernández Ferrán, one of
2464-572: The United States District Court for the Southern District of Florida dismissed the relatives' petition for asylum which they had filed on behalf of Elián González. Lázaro vowed to appeal. On March 29, Miami-Dade County mayor Alex Penelas was joined by 22 other civic leaders in a speech in downtown Miami . Penelas indicated that the municipality would not cooperate with Federal authorities on any repatriation of
2552-562: The United States embargo against Cuba , which he held to be responsible for the economic underdevelopment of the country. González also stated that he was happy that he did not stay in the United States, saying that he would have been manipulated into becoming a "performer" for the Cuban dissident movement and the American media . He also stated, "I don't profess to have any religion, but if I did my God would be Fidel Castro." In 2015, González
2640-415: The 2020 HBO documentary 537 Votes argued that Bush may have achieved as high as 88 percent of the Florida Cuban-American vote. Gore's handling of the matter may have angered the predominantly Republican Cuban community over the boy's return to Cuba. Gore initially supported Republican legislation to give the boy and his father permanent residence status, but later supported the administration position. He
2728-630: The Elián González affair may have been a factor in voters' decisions in the 2000 United States presidential election , which was decided by the United States Supreme Court 's Bush v. Gore decision halting the 2000 United States presidential election recount in Florida and awarding the state's 25 electoral votes to the Republican Party candidate George W. Bush . The Gonzalez case is believed to have been
Elián González - Misplaced Pages Continue
2816-416: The INS commissioner had declared that the father speaks for the son, and that his wishes were to have his son returned to him. The judge's order cleared the way for González to be returned to his father's custody. On April 19, Reno accepted a last-ditch offer at mediation between González's relatives from University of Miami president Edward T. Foote II , Carlos Saladrigas, and Carlos de la Cruz . However,
2904-408: The Miami relatives until a further custody hearing. However, Attorney General Janet Reno declared that the federal courts are responsible for deciding this case, and that the Miami relatives must appeal to the federal court. Here, the objective of Reno was to provide the relatives with a chance to provide "any information" they could that would be "relevant in the decision". She again emphasized that
2992-460: The U.S. and placed him with his great-uncle, Lázaro González, in Miami. His great-uncle wanted Elián to remain in the country, while his father, Juan Miguel González, sought his return to Cuba. This led to a high-profile and protracted custody battle involving his father, his Miami relatives, and U.S. and Cuban officials. Elián was returned to his father's custody after an INS raid on his Miami relatives' home on April 22, 2000. They returned to Cuba when
3080-542: The U.S., his family members were "telling me bad things about [my father]", and "were also telling me to tell him that I did not want to go back to Cuba, and I always told them I wanted to." Elián González remained a subject of media attention as he went to Walt Disney World Resort one day, then met with politicians the next. Throughout the custody battle, opinion polls showed that a majority of Americans believed González should be returned to his father in Cuba, and that doing so
3168-437: The boy, and would not lend police assets or any other assistance in taking the boy. On April 14, a video was released in which Elián González told Juan Miguel that he wanted to stay in the United States. However, many thought that he had been coached, as a male voice was heard off-camera directing the young boy. In a September 2005 interview with 60 Minutes after being sent back to Cuba, González stated that during his stay in
3256-696: The boy. On June 1, 2000, the 11th U.S. Circuit Court of Appeals ruled that Elián was too young to file for asylum; only his father could speak for him, and the relatives lacked legal standing . On June 28, 2000, the U.S. Supreme Court declined to review the decision. In the afternoon of the same day, seven months and one week after Elián González left Cuba, he and his family, along with his classmates and teacher, boarded two chartered planes at Dulles International Airport in Dulles, Virginia , for José Martí International Airport in Havana . Commentators have suggested that
3344-541: The child custody disputes. Jurisdiction normally arises from the presence of the children as legal residents of the nation or state where a custody case is filed. However, some nations may recognize jurisdiction based upon a child's citizenship even though the child resides in another country, or may allow a court to take jurisdiction over a child custody case either on a temporary or permanent basis based upon other factors. Forum shopping may occur both between nations and, where laws and practices differ between areas, within
3432-453: The child's best interest in mind. In case of children 12 years and older, the child's preference becomes key to the court ruling. Court may also refer parents to mediation, try "test modes" of various custody arrangements or request psychological and psychiatrical evaluation of children and parents. In exigent circumstances, a parent can file for preliminary injunction for custody or child support payments. The court must decide on whether to grant
3520-510: The court makes orders about parental responsibilities, and have the power to approve and make consent orders. In the Czech Republic , both parents are entrusted with child's custody until a court decides otherwise. A divorce is possible only after a court decision on custody was rendered. A decision should be made within six months, however when parents fail to reach agreement the cases typically take much longer. The court decides with
3608-513: The courts in India focus on the best interests and welfare of the child. They consider factors such as the child's age, education, health, and emotional well-being while deciding custody. It is common for courts to grant joint custody or visitation rights to the non-custodial parent to ensure both parents maintain an active role in the child's life. In Pakistan, the Guardians and Wards Act, of 1890
Elián González - Misplaced Pages Continue
3696-710: The embargo and satisfaction with the outcome of the custody dispute, but expressed hope for better Cuba–United States relations in the future and stated he would like to return to the United States one day "to give my love to the American people". In 2017, a documentary on his life called Elián was released. The film premiered on April 19, 2017, at the Tribeca Film Festival . It opened in limited release in May, and appeared on CNN Films in August 2017. González
3784-623: The event: the raid and the family reunions. A Time magazine issue showed a photo of a joyful González being reunited with his father (the caption says "Papa!"), while Newsweek ran an issue that focused on the raid, entitled "Seizing Elián". The struggle between González's American family and his father was portrayed in the 2000 television film, A Family In Crisis: The Elian Gonzales Story , which starred Esai Morales as Elián's father, Juan Miguel Gonzalez; Laura Harring as Elián's cousin Marisleysis Gonzalez; and Alec Roberts in
3872-616: The family hand over Elian by 4 am without informing them of the impending raid. After being informed of the decision, Marisleysis said to a United States Department of Justice community relations officer, "You think we just have cameras in the house? If people try to come in, they could be hurt." In the pre-dawn hours of Saturday, April 22, agents of the United States Border Patrol 's special BORTAC unit, as part of an operation in which more than 130 Immigration and Naturalization Service personnel took part, approached
3960-547: The family. While the family was still at Andrews, the Miami González relatives flew to Washington demanding to see Elián. They and their escort, New Hampshire senator Bob Smith , were turned away from the base by guards. The May 5, 2000, Miami Herald reported that González was joined by his classmates (without their parents) and his teacher from his hometown, Cárdenas . The newspaper Granma released pictures of Elián in his José Martí Pioneer Organization uniform. On May 6, 2000, attorney Craig took González and Juan Miguel to
4048-575: The federal government and Reno. González joined the Young Communist Union of Cuba in June 2008 shortly after graduating from junior high school. At age 15, he began military school. In a November 2013 speech, González described his time in the United States as "very sad times for me, which marked me for my whole life", asserting that the Cuban Adjustment Act led to the denial of his rights, including "the right to be together with my father,
4136-447: The head of the household compared to today, when fathers and mothers have more equal standing in the care of their children. During this time period, custodial issues arose with occasions other than divorce such as the death of the father or both parents, inability of parents to care for the children, or with situations involving illegitimate children. Children at the time were seen as economic assets with labor value. In addition to this,
4224-408: The home state. In the context of cases regarding custody, the "best interest" rule suggests that all legal decisions made to accommodate the child are made with the goal of ensuring a child's happiness, security and overall well being. There are many different factors that go into the decision that is made in a child's best interest, which include: the child's health, environment and social interests,
4312-563: The house, knocked on the door, and identified themselves. When no one responded, they entered. At the same time, pepper-spray and mace were employed against persons outside who attempted to interfere. In the confusion, Armando Gutierrez called in Alan Diaz , of the Associated Press , to enter the house and enter a room with González, his great uncle's wife Angela Lázaro, her niece, the niece's young son, and Donato Dalrymple (one of
4400-423: The importance of parent-child attachment, combating parental alienation, and access enforcement". Courts cannot determine an individual child's best interests with certainty, and judges are "forced to rely on their own interpretations of children’s interests, and idiosyncratic biases and subjective value-based judgments, including gender bias". Judges are currently using the ‘best interest of the child’ standard that
4488-533: The injunction within seven days. In India , child custody laws primarily fall under personal laws specific to different religions and the secular Guardians and Wards Act, 1890. Here is an overview: Hindu Law : For Hindus, the Hindu Marriage Act, 1955 and the Hindu Minority and Guardianship Act, 1956, govern child custody. The custody of a child under the age of five is usually granted to
SECTION 50
#17327807436424576-551: The interview represented his true beliefs because of the controls imposed by Cuba on information . In December 2006, an ill Fidel Castro was unable to attend González's 13th birthday celebration, so his brother Raúl attended instead. On August 16, 2006, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of an excessive force lawsuit brought by Dalrymple and others against
4664-444: The journey, and Elián's mother, along with most of the passengers, drowned. Elián was found floating on an inner tube and rescued by two fishermen, who turned him over to the U.S. Coast Guard . Elián was taken to a hospital and treated for dehydration and minor cuts. In addition to Elián, a young couple survived and reached shore separately. The Immigration and Naturalization Service (INS) granted Elián temporary permission to stay in
4752-528: The legal dispute concluded on June 28, 2000. Elián González grew up in Cuba, earned an engineering degree, and worked as an industrial engineer . In 2023, he was elected to the National Assembly of People's Power , representing Cárdenas, Cuba . Elián González was born December 6, 1993, to divorced parents. Although his parents divorced in 1991 after six years of marriage, the couple would only separate for good in 1996, but both remained close with their son. They split custody of Elián, who spent up to five nights
4840-431: The mainland were granted asylum, while those who were intercepted at sea by the U.S. Coast Guard were sent back to Cuba. Lázaro González, backed by local Cuban Americans , took the position that the boy should remain in the United States and not be returned to his father. Marisleysis González (Lázaro's adult daughter) became Elián González's caretaker and spokesperson for the paternal relatives. Also, Armando Gutierrez ,
4928-424: The matter by the court." In the late twentieth and early twenty-first centuries, divorce rates increased dramatically. Due to the nature of divorce, the rules governing child custody became increasingly difficult to determine. It was at this time that the idea of mothers being favored to gain custody of children in the event of a divorce was challenged. "The simple fact of being a mother does not, by itself, indicate
5016-415: The morning to personally negotiate. However, the family refused out of fear that the government would remove Elián from Miami and that doing so would allow Cuban diplomats to abduct him. Fifteen minutes later, President Clinton and Chief of Staff John Podesta told Reno that she could have more time to negotiate with the family, but that she could order the raid if she so chose. Reno subsequently demanded that
5104-460: The mother, and for children above five, the court considers the child's welfare as the paramount factor. Muslim Law : For Muslims, custody is governed by the personal laws of the parties involved. Generally, the mother gets custody of children until a certain age (Hizanat), after which the father gets custody. Christian Law : For Christians, the Divorce Act, 1869, govern child custody. It
5192-546: The night, but Reno stated that the relatives rejected all workable solutions. On April 19, the United States Court of Appeals for the Eleventh Circuit in Atlanta ruled that González must remain in the U.S. until his family in Miami could appeal for an asylum hearing in May. On January 10, 2000, a Florida state court had ruled that the Florida family court was able to decide the merit of motion related with temporary custody by Lázaro González, stating that Elián should stay with
5280-404: The nineteenth century. Children were seen to have interests of their own that were often associated with the care of a nurturing mother. The women's movement of the time also fought for women's right to child custody in their campaign. Judges eventually began to favor the "best interests of the child," which, especially for young and female children, was associated with mothers. Maternal presumption
5368-546: The only other important consideration in determining custody was the ability of the adults to supervise and raise the child. Widows would lose their children because they would not be able to support them. These children would be taken from the mother and given to another family that would support the child in return for the child's labor services. Otherwise, fathers were seen as the head of the household and had complete custody rights to children. The view of children as servants to their fathers and economic assets began to change in
SECTION 60
#17327807436425456-462: The opinions of children themselves. Children of divorce were found to want equal time with both of their parents. Studies conducted by Wallerstein, Lewis and Blakeslee (2002) show that children from all age ranges indicate that equal or shared parenting is of their best interest 93 percent of the time. Several other studies were able to produce similar results, including Smart (2002), Fabricus and Hall (2003), Parkinson, and Cashmore and Single (2003). As
5544-507: The possibility of joint custody for a child. In an economic analysis, Imran Rasul has concluded that if one parent values child quality more than the other, the spouses prefer that parent to have sole custody, while joint custody is optimal for parents with relatively equal valuation of child quality. He has further concluded that "joint custody is more likely to be optimal when divorce costs fall, so that children retain contact with both parents" and that "this may improve child welfare". As
5632-457: The raid as it took place, with some calling the INS agents "assassins". Then-New York City Mayor Rudy Giuliani described BORTAC agents involved in the seizure of Elian as " storm troopers " at least six times. Federal Law Enforcement Officers Association reacted with "strong disgust and dismay" to the Nazi imagery and demanded Giuliani's apology. Hillary Clinton , then running against Giuliani for
5720-402: The relationship each parent has with the child, and the ability of each parent to address the needs of the child. The "best interest" rule has been considered to be a standard in determining child custody for the most recent 40 years in history. Although it has been so widely favored amongst legal systems, there are some deficiencies to the concept. Robert Mnookin, an American lawyer, author, and
5808-596: The revolution demands". After graduating in 2016, González began working as a technology specialist at a state-run company that makes large plastic water tanks. On Father's Day in 2020, González announced that he and his fiancée were expecting a daughter within the following months. In 2013 González led the Cuban delegation to the 18th World Festival of Youth and Students in Quito , Ecuador . In an interview with CNN en Español he blamed his mother's death on economic impact of
5896-474: The right to keep my nationality and to remain in my cultural context". In the 2010s, González studied to be an industrial engineer , and hoped to marry his high school girlfriend and fiancée after finishing college. In July 2016, he received a degree in industrial engineering from the University of Matanzas , and read a letter to Fidel Castro from his graduating class, vowing "to fight from whatever trench
5984-429: The right to services that prevent them from physical or psychological harm. This means that when assessing the best interest of the child, it is not only important to assess the parents who are fighting for custody, but also the environments in which the child would be placed under the custody of either parent. In a situation where neither parent would be deemed an appropriate caretaker for a child, custody would be given to
6072-457: The rights to make key decisions without regard to the wishes of the other parent. Physical custody establishes where a child lives and who decides day-to-day issues regarding the child. If a parent has physical custody of a child, that parent's home will normally be the child's legal residence ( domicile ). The times during which parents provide lodging and care for the child is defined by a court-ordered custody parenting schedule , also known as
6160-489: The roles of children have changed over the past couple of centuries from economic assets to individuals, so has the role of mothers and fathers in who would provide the best care for the child. Many courts and judges lean more towards the maternal figure when there is a trial for custody of a child. According to Family Change and Time Allocation in American Families study done at UCLA, women allocate about 13.9 hours
6248-485: The three survivors on the boat, said "Elizabeth protected her son to the end". According to Fernández Ferrán, they set out on their trip at 4 am, dragging inflated rubber floats, or inner tubes , in case they needed them. As they encountered bad weather, the boat's engine failed and the craft began to fill with water. After it went under, the passengers clung to the inner tubes in cold water, with waves reaching heights of three to four meters (10 to 13 feet). Afterwards,
6336-407: The time combining the interests of the child with those of the mothers or fathers. Women's rights activists are concerned about "family violence, recognizing primary caregiving, and inequities associated with awarding legal joint custody without a corresponding responsibility for child care involvement". Father's rights activists are more concerned about their "disenfranchisement from children’s lives,
6424-740: The title role. Four hours after he was taken from the house in Miami, González and his father were reunited at Andrews Air Force Base . The next day, the White House released a photograph showing a smiling González reunited with his father, which the Miami relatives disputed by stating that it was a fake González in the photograph. Later, González and his family were taken to the Aspen Institute Wye River Conference Center in Maryland (formerly known as " Wye Plantation "). The media were barred from access to
6512-599: The two men who had rescued him from the ocean). They waited in the room listening to agents searching the house. Diaz took a widely publicized photograph of a border patrol agent confronting Dalrymple and the boy. INS subsequently flew Elian out of Miami aboard a Justice Prisoner and Alien Transportation System aircraft. INS also stated in the days after the raid that they had identified as many as two dozen persons who were "prepared to thwart any government operation", some of whom had concealed weapons while others had criminal records . Approximately 100 people protested against
6600-564: The two parents. In the case of divorce or separation of parents many hurdles can fall in the way regarding the custody of their children, deciding who will be the custodial parent and so forth. In Australia when parents cannot come to an agreement which meets both of their needs when it comes to the custody of their child/ren cases are taken to the Family Court of Australia , which happens in more scenarios than expected. When parents cannot agree on these arrangements and take matters to court,
6688-547: The votes to pass a bill to give González U.S. citizenship), they returned to Cuba to "a hero's welcome". On January 28, the Spanish foreign minister Abel Matutes called for the boy's return to Cuba, stating that international law dictated the return. Meanwhile, the González family in Miami denied allegations that they had offered Juan Miguel a house and a car if he abandoned the action and joined his son in Miami. Juan Miguel
6776-704: Was a waiter at an Italian restaurant at Josone Park, in Varadero , near Cárdenas. Elián's father was interviewed at the restaurant in 2004 by Keith Morrison of the NBC News program Dateline NBC and Cover to Cover on CNBC . Juan Miguel filmed a home video on which González was shown doing his arithmetic homework with Juan Miguel in their dining room, going to bed in his bedroom with his two younger half-brothers, and attending karate lessons. Morrison's TV report also showed an 18th-century building in Cárdenas which
6864-657: Was attacked by both sides in the dispute for his equivocal position. In Cuba, the Elián González matter generated popular mobilization across the island seeking González's return. Acting on the popular sentiment, Fidel Castro launched a campaign called the Battle of Ideas, which centered on a series of educational initiatives designed to advance socialist ideals including the revolutionary New Man . After his return to Cuba, Elián González lived with his father, stepmother, and three brothers in Cárdenas , where his father, Juan Miguel,
6952-575: Was elected to lead his local Committee for the Defense of the Revolution , prompting speculation that he was preparing for a political career. In an interview with the Communist Party of Cuba 's official newspaper Granma that year , Gonzalez defended socialism and stated that economic liberalization could result in Cuba becoming a poorer "colony" dominated by the United States. In another interview with ABC News he reiterated his condemnation of
7040-489: Was in the boy's best interest. Attorney General Janet Reno ordered the return of Elián González to his father and set a deadline of April 13, 2000, but the Miami relatives defied the order. Negotiations continued for several days as the house was surrounded by protesters as well as police. The relatives insisted on guarantees that they could live with the child for several months and retain custody, and that González would not be returned to Cuba. Negotiations carried on throughout
7128-469: Was judicially developed through legislature such as the "Tender Years Doctrine" that presumed that children should be placed with their mothers in custody debates. Granting custody to the father was seen "to hold nature in contempt, and snatch helpless, puling infancy from the bosom of an affectionate mother, and place it in the coarse hands of the father" when the mother was "the softest and safest nurse of infancy". This maternal presumption continued for over
7216-765: Was lowest in Ukraine , Poland , Croatia, Turkey, the Netherlands and Romania. It was 5% in Ireland and the United States and 7% in Canada and the United Kingdom. Shared parenting is increasing in popularity, and by 2016/17, the percentage in Sweden had increased to 34% among the 6-12 year old age group and 23% among 13 to 18-year-old children. A child custody case must be filed in a court that has jurisdiction over
7304-677: Was lowest in the United States (60%), Romania (60%), Estonia (66%) and Latvia (67%). In the other anglophone countries, it was 70% in the United Kingdom , 71% in Canada and 82% in Ireland. Among the children who did not live with both their parents, the percent in a shared parenting versus sole custody arrangement was highest in Sweden (17%), Iceland (11%), Belgium (11%), Denmark (10%), Italy (9%) and Norway (9%). At 2% or less, it
7392-593: Was made to consider the interests of the child before the mothers and fathers, including the child's mental, emotional, physical, religious, and social needs. Child poverty , lack of resources, and women's economic dependence on men all remain pressing issues that are not effectively noted during the custody trials. Each parent has a responsibility under the Australian Family Law Act 1975 for their children. The parental responsibility does not change in cases of separation or dysfunction between
7480-533: Was nominated by the municipal assembly of Cárdenas to run as its candidate for the National Assembly of People's Power in the 2023 Cuban parliamentary election . He was elected unopposed along with the CPC's slate of 470 candidates and sworn into office in April 2023. Child custody Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between
7568-442: Was previously used as a fire station and which was renovated and inaugurated on July 14, 2001, as a museum, called Museo de la Batalla de Ideas ("Museum of the Battle of Ideas"), which includes an exhibition room dedicated to González, which houses a life-size bronze statue of González raising a clenched fist. The former González home in Miami has similarly been turned into a museum, with the boy's bedroom left unaltered. Juan Miguel
7656-455: Was removed. The new rule according to Keezer on the Law of Marriage and Divorce stated that "Where the children are of tender years, other things being equal, the mother is preferred as their custodian, and this more especially in the case of female children, and this though she may have been guilty of delinquencies in the past but there is no evidence that she was delinquent at the time of determining
7744-666: Was uninterested in emigrating. Through January and February, Juan Miguel sent a number of open letters to the U.S. government—published in, among other places, the Cuban newspaper Granma —demanding the return of his son and refusing the Miami relatives' demands. Chicago-based fathers' rights attorney Jeffery M. Leving spearheaded the amicus brief, which set the foundation of the custody case to reunite González with his father in Cuba. Manuel González, Elián Gonzalez's great uncle, later retained Leving to reunite González with his father. On March 21, Judge Kevin Michael Moore of
#641358