If you are
like me, you are tired of hearing about Elian Gonzalez.
This case
does, however, provide a disturbing picture of who we are
as a culture as well as an important lesson.
The
photograph of the heavily armed federal agent in full
riot gear as he approached the petrified child while he
hid in a closet moved me deeply. This tiny 6-year-old,
the victim of an international dispute, was roused from
his sleep at 5 in the morning to the noise of government
officials with machine guns busting down the door of his
home. I wonder how many times that happened to him in
Cuba?
The
pictures that followed on Saturday, April 22, showed
Elian smiling while being held by his father. Some
interpreted this as an indication that he was happy to be
reunited with his father. I would suggest that after such
a traumatic episode, any familiar face would have caused
him to smile.
Several
times over the past ten years, the front pages of our
newspapershave presented stories of children who have
been forced to leave a residence that they have known as
home. Most of these cases were adoptions that became
complicated when the biological mother reconsidered the
adoption. After perhaps years in the home of the adoptive
parents, the child was forced to leave the only home he
or she had ever known.
The court
system, representing our government and our people, has
demonstrated through these cases that biological parents
will have rights regardless of what is in the child's
best interest. Even though the case of Elian is somewhat
different, the government's intervention was
frighteningly similar.
I find it
disturbing that the federal government would consider
child custody an issue under its jurisdiction. Even
though the United States has agreements with other
countries to return abducted children, the State
Department rarely intervenes when U.S. children have been
illegally carried overseas. This selective attention to
such cases causes me to speculate that our current
administration had something to gain by intervening
- intervention not because of what was best for the
child, but because of what was expedient for a political
party.
That is
unconscionable.
As was true
with the other high profile custody cases that I
mentioned, little was said in this case concerning what
was best for this 6-year-old. Elian would not necessarily
benefit from being with his father. His parents were
separated, he had seen his mother drown, and evidence
suggests that the father was consenting to the defection.
Not to mention the fact that Elian appears to have found
a loving mother figure and home with his cousin, a
connection necessary to overcome the trauma of being lost
at sea and witnessing his mother's death.
Yet in
spite of this, government authorities argued for the
"rights of the father."
In
principle, I believe that a child is usually better off
with a biological parent, but cases such as the Gonzalez
case are extenuating. I argue that a parent's rights
should not supercede the best interest of a
child. In fact, painful as
it may be, a loving parent would forego his or her rights
when it was in the best interest of the child.
I am neither a lawyer nor
am I an expert on international law, but what this case
shows me is that our government, again, seeks its own at
the expense of a child. Because our government represents
us, this is a sad commentary on who we are as a people.






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