Like I've said: I think it's a God given right to be able to lay claim your child that has only one living parent left. Regardless of what country Elian's father is from.
Sounds sort of like the Supreme Court's reasoning in Dred Scott.
By now you are aware that Elian was born out of wedlock and remained without a custodial father for six years.
1) Does that not raise a few questions as to fitness for custody such that a family court should be involved?
2) Juan Miguel was never out of the control of Castro's agents. How do you know that he wanted Elian returned to Cuba? Wouldn't a court have helped to uncover his true wishes?