To those who haven't heard about it Elian was a child who was stranded by his dead mother, both who were trying to illegally arrive by boat to America.
The state put him in the custody of relatives in Miami. An unlimited number of appeals were accepted by the courts on his behalf which extended the court proceedings to over 10 months.
When the final decision was made to return custody to his father in cuba the relatives in miami refused to release him to authorities resulting in his removal by force from the relatives.
It should have been a 3 day decision for it should have followed this line of reason......
When a child is abandoned for what ever reason, the states FIRST obligation is to meet the IMMEDIATE NEEDS of the child by appointing a TEMPORARY GUARDIAN.
This temporary guardian has the power to make SHORT TERM DECISIONS ONLY to meet the requirement of meeting the child's IMMEDIATE NEEDS.
THE COURTS WENT WRONG AN UNBELIEVABLE NUMBER OF TIMES EITHER DUE TO WRONG POLICY OR JUST ILLEGAL LEGAL MANUVERING.
Once the immediate needs of the child is met, the court's next OBLIGATION - IS TO ASSIGN A PERMANENT GUARDIAN AS SOON AS POSSIBLE.
HERE'S WHERE THE COURT WENT WRONG: They tried to make and decide long term Decisions as to whether to keep him in this country with relatives or to let him go back to Cuba with his father.
GUESS WHAT PEOPLE? LONG TERM DECISIONS ARE THE RIGHT AND OBLIGATION OF THE PERMANENT GUARDIAN ONLY!!!
The state's only course of action should have been WHO'S THE CLOSEST BLOOD RELATIVE AND DOES HE WANT THE CHILD.
This should have been the ONLY deciding factor (It was illegal to have considered income, religion, country of origin etc). In this case it was the father and he said YES HE WANTED THE CHILD.
BOOM! the gavel should have hit and the case should have been over.
It was illegal to have accepted legal petitions from the relatives in Miami stretching the decision time to over 10 mos. FOR THEY HAD NO AUTHORITY TO SPEAK FOR THE CHILD!!!
They had only Temporary court custody to meet the child's IMMEDIATE NEEDS ONLY!
NO AUTHORITY OTHERWISE TO SPEAK FOR THE CHILD! ESPECIALLY LEGALLY!!
THIS MEANS EVERY PETITION SHOULD HAVE BEEN RECEIVED WITH A "You have NO AUTHORITY to speak for the child ONLY THE PERMANENT GUARDIAN HAS THAT RIGHT!
And the ONLY qualifier for the permanent guardianship should have been "who's the CLOSEST BLOOD RELATIVE (Not geographicly)"
When the father said yes the gavel should have rung without ANY FURTHER CONSIDERATIONS.
hence a 3 day decision.
Once again the courts obligations were to
1. Chose a temporary guardian to meet the child's immediate needs.
2. Appoint a permanent guardian AS SOON AS POSSIBLE to the closest (Bloodline wise NOT by geography) blood relative willing to take the child so HE can make the necessary LONG TERM DECISIONS required for the child. ALL Long Term Decisions are RESERVED for the PERMANENT GUARDIAN ONLY!!!! AS IS HIS RIGHT AND OBLIGATION!!!
It was ILLEGAL to have considered LONG TERM considerations in court for the child in deciding permanent guardianship for THAT
IS THE RIGHT AND RESPONSIBILITY OF THE PERMANENT GUARDIAN ONLY!!!(i.e. live in the united states etc. what do other relatives (in Miami) say or want?)
THIS INCIDENT PROVED THE MONEY-GRUBBING CORRUPTION OF OUR CURRENT SYSTEM AT THE MALTREATMENT OF OTHERS.
JUST LIKE WHAT THEY'RE DOING WITH GAY ISSUES!!!!!
IT'S OUR DISGRACE AS AMERICANS!
3 days - BOOM! (of the Gavel) - IT SHOULD HAVE BEEN OVER!
