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?
With all due respect, I don't believe any of that as fact. I don't believe all those who claim it to be fact. It wouldn't surprise me to find they are spreading propaganda in order to futher their political cause or repeating propaganda they believe to be true.
As for your questions about American courts making a ruling...I, as much as I dislike the politics of his country of origin, cannot hold Elian's father to the standards of a country where he is not a citizen.
All I can do is hope that it works out well for Elian. And again, I believe the boy's only living parent...His father, trumps all in this case.