Cuban dad's lawyers: Law unconstitutional (Cuban girl custody case)

[Mika]

Source: Miami Herald

Attorneys for a Cuban father seeking custody of his 5-year-old daughter have asked a Miami judge to declare unconstitutional a state law that would allow child-welfare administrators to strip him of custody permanently even though he has been found a fit parent.

The legal team for father Rafael Izquierdo, a farmer and fisherman from central Cuba, filed a 70-page motion Thursday asking Miami-Dade Circuit Judge Jeri B. Cohen to declare a portion of Florida's child-welfare statute in violation of the state and federal constitutions.

The legal challenge faces a difficult hurdle: Cohen, who has been presiding over the girl's unusual case for more than a year, indicated Monday she does not believe the state law is improper.

''I don't see any constitutional issues here, quite frankly, that can be attacked,'' Cohen said at a 90-minute hearing. ``I want you to know where I'm going: I don't think this is an unconstitutional statute in any way, shape or form.''

Read more: http://www.miamiherald.com/news/americas/cuba/story/272952.html

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The gop political tools who inhabit Fla's DCF simply don't want a Cuban dad to have his own child if he wants to live in his own country.


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Here's an earlier DU thread (now archived) on this case..

Cuban dad breaks down in custody case (American trial)
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=2986773

[Tyler Durden]

1. WHY aren't they home in Cuba yet?

If this was happening in another country, with a US Citizen trying to get their kid home, we'd have sent in the Marines by now.

Oh, I forgot: Cuban Expats. Miami. FLORIDA.

Visit Florida. Legally, it's like a completely different country: A THIRD WORLD DICTATORSHIP.

[Swagman]

2. what an absolute disgrace ! this is unbelievable

is nothing sacred to these right wing creeps ?..even parenthood has to be abused for political gain.

[Mika]

3. Fla DCF abuse of children too.

S Florida careers are being made in this case, just as they were in the Elian case.

Its all about a fantasized "victory" over Castro in order to garner RW exile votes. - and if putting a child through a meat grinder is required to score anti Castro political points, then so be it.

:puke:

The current mayor of Miami was the lead lawyer (paid by the CANF) for the Miami family seeking to steal Elian from his dad. He ran on that platform and won the mayor seat not long after Elian was eventually returned to his father and went back to his home in Cuba.

[Judi Lynn]

10. That's so sad, but true. Another of the Elian family lawyers, Kathy Fernandez Rundle moved on

to become the Miami-Dade Prosecutor, didn't she? As I recall, she did very selective prosecution in that capacity, not a wildly great example of "fair and balanced" professionalism.

[ChickMagic]

4. No, nothing is sacred

After trying to destroy a 12 year old boy, I'm convinced that they
will do absolutely anything, whatever it takes, legal or extralegal
to get their way.

[Mika]

5. Its all about anti Castro politics.

The Fla DCF is a despicable organization (and Joe Cubas is a despicable person) for putting this child through all of this quasi-legal political posturing for so much time, when the DCF should have been arranging for the child's return to her legal family in Cuba - as both biological parents desire as quickly as possible (in order to reduce trauma).

Like the Elian case, because the father chooses to live in Cuba there are many S Fla specific political elements to this case.

How many outrageous stories about the Fla DCF have we seen posted on DU over the last few years? WAY too many. It is an organization who's administration is populated with anti government unqualified and utterly destructive political operatives appointed by Jeb (just like his bro W has done in all branches of government also), and Charlie Christ has appointed exile pandering Bob Butterworth as the new DCF secretary, so I doubt its going to improve much.

[ChickMagic]

6. That's sick.

Why he should be overjoyed to be ripped away from
his parents who desperately want him to live in
Cuba for the utter joy of living in Bushmerica.
These people are so mentally unbalanced that
they can not stay out of anyone's business.

And they say Mexicans are causing trouble.

[Scurrilous]

7. Appeal halts Cuban custody case

<snip>

"The second phase of a trial that will determine the fate of a 5-year-old girl caught in an international custody dispute halted abruptly Tuesday morning when attorneys for both sides announced they are asking an appeals court to review the case.

The Florida Department of Children & Families, which seeks to permanently end Cuban father Rafael Izquierdo's ability to raise his daughter, appealed an order by Miami-Dade Circuit Judge Jeri B. Cohen from last month declaring Izquierdo fit to raise the youngster.

The appeal to the Third District Court of Appeal, filed Monday, triggers an automatic stay of court proceedings. Under state law, court actions are automatically halted when the state files an appeal.

The lead attorney for Izquierdo, Ira Kurzban, also said Tuesday morning that the father is filing an appeal of the judge's decision to take testimony on whether Izquierdo should be forever stripped of custody despite Cohen's ruling that he is a fit parent.

Cohen, who was prepared to begin a potentially monthlong trial, appeared surprised by the announcement the trial could not proceed, and beseeched the appeal court to review the case quickly so the little girl can get resolution."

http://www.miamiherald.com/news/breaking_news/story/273322.html

[Bacchus39]

8. I didn't think Florida courts had jurisdiction in this matter

n/t

[noonwitch]

9. How did the child come into the custody of the court?

Was there abuse or neglect? Was she with the mother? How did she get to this country?

Even more, what is the legal grounds for DCFS petitioning to terminate his rights? If it is only because he will take her back to Cuba, well, a father's rights should trump that.