Categories
Blog

Embattled Cuban Father Wins Sole Custody in ‘Elian Gonzalez II’ Case


Ned Holstein meets with Florida Department of Children and Families Regional Administrator Gilda Ferradaz on October 24 in Miami.

Ned Holstein Meets with Cuban Father Rafael Izquierdo in Miami on October 24.

Background: In October I partnered with Dr. Ned Holstein and Fathers & Families in a campaign to protest Florida Department of Children & Families’ actions in the “Elian Gonzalez II” case in Miami. In that case, Rafael Izquierdo, a fit, loving father, faced numerous obstacles to reunite with his 6-year-old daughter.

The case pitted Izquierdo against wealthy Cuban-American foster parents Joe Cubas, a well-known sports agent, and his wife Maria. In 2005 Elena Perez, Izquierdo’s ex, brought the girl to Miami from Cuba. DCF removed the girl and her half-brother from her mother’s custody in 2006, after an investigation found that the woman’s mental illness rendered her an unfit parent. The girl was placed with the Cubas family, and Izquierdo came to the US to bring his daughter home.

Rather than allowing Izquierdo to take his girl home, DCF hired 19 lawyers and spent over $250,000 to oppose their reunification, and even continued to resist after an exhaustive hearing in a Miami court determined that Izquierdo is a fit and committed father.

When we launched our campaign to protest this injustice, several thousand of you answered our call to action, and our protest was covered or cited in hundreds of newspapers, including by the Associated Press, syndicated columnist Kathleen Parker of the Washington Post Writers Group, Knight-Ridder/Tribune News Service, the Miami Herald, the Orlando Sentinel, and many others.

In our letters and faxes to Florida DCF, we asked that they contact Dr. Holstein. DCF, to its credit, did so and agreed to meet. In the photo above left, Dr. Holstein shakes hands with Gilda Ferradaz, head of DCF’s Miami division. Dr. Holstein met with Ferradaz, Mary Cagle, DCF’s Director of Child Welfare Legal Services, and other DCF officials. In the photo above right, Dr. Holstein meets with Izquierdo, who he describes as a “warm, composed, dignified man who clearly loves his daughter.”

To learn more about the case and our campaign, click here.

A settlement has been reached in the Elian Gonzalez II case which gives embattled Cuban father Rafael Izquierdo sole custody of his young daughter. According to the Associated Press’ Cuban father gets custody in settlement (11/30/07):

“A Cuban farmer would get sole custody of his 6-year-old daughter under a settlement reached Wednesday in a lengthy court battle involving the girl’s U.S. foster parents and state officials…Under the settlement, Rafael Izquierdo and his daughter would remain in the United States [until the girl is seven] and the foster parents – former baseball players’ agent Joe Cubas and his wife, Maria – would get regular visits from the girl…

“Beyond that, Izquierdo would have no parental restrictions and could eventually return to Cuba…The agreement is subject to approval by Miami-Dade County Circuit Judge Jeri Cohen, who has scheduled a hearing Tuesday.”

Ira Kurzban, Izquierdo’s attorney, thanked Fathers & Families for its efforts on Izquierdo’s behalf, saying that the campaign and media attention “played an important role in the case.” I thank and commend Dr. Holstein for his excellent work in Florida.

I also thank the thousands of you who wrote or called Florida DCF. After Dr. Holstein met with DCF, he told me that the DCF officials had brought in “stacks and stacks” of letters and faxes they had received from protesters, and faxes were coming in continuously during their meeting. Holstein explains:

“We are proud to have played a role in bringing about this proposed settlement…Rafael came through for his daughter like a great father–surmounting obstacles as a poor farmer in Cuba to come to her aid in Florida…He deserves a medal of honor.’

Izquierdo is very happy with the settlement, and we believe that it is good for all parties. While I do believe that Izquierdo should have the right to take his daughter with him back to Cuba tomorrow if he chooses, the agreement is a better alternative. It still allows Izquierdo to return to Cuba when the girl is seven if he elects to, yet it also allows the girl to maintain her relationship with the Cubas family.

Despite the Cubas’ misguided custody bid, they do deserve credit for caring for the girl when the girl’s mother came apart and Izquierdo was still in Cuba. The agreement also allows the girl to maintain her relationship with her half-brother–the girl will be visiting him and the Cubases every other weekend.

Campaigns and victories cost money–to make a tax-deductible donation to Fathers & Families to help defray our campaign’s expenses, click here or contact Dr. Holstein directly at 617.542.9300 or nedholstein@fathersandfamilies.org.

Categories
Blog

Brandweek Prints Dozen Letters Criticizing Anti-Male Advertising

Background: We’ve done several protests against ads which portray men and fathers as clowns–see Campaign Against Anti-Father Verizon Commercial, Campaign Against Anti-Male Advertising, Campaign Against Detroit News ‘Get Her a Gift or She”ll Give You a Black Eye” Ad and Portable On Demand Storage Decides to Remove Anti-Male Ad in Face of Protests. To learn more about the problems with the way men are portrayed in advertising, click here. Brandweek editor Todd Wasserman discussed the problem of ‘Dad as Idiot’
advertising in his recent column The Surviving Dads Of Ads (Brandweek Magazine, 11/12/07), writing, “It”s hard to argue that guys like Sacks don”t have a point”. Today the editor of Brandweek wrote that Wasserman’s column “drew a very heavy outpouring of letters, nearly all in agreement,” and the magazine reprinted a dozen of them in its letters section. Lori Clayton of South Fulton, Tennessee wrote: “As a mom, we agree with you. Fathers should have rights too. I am a mother, a wife , a daughter and a grandmother. And I have seen the way men are being treated these days; makes me sick to know that men are being treated so horribly. Step back a moment, and just think: how would you feel if this was your Dad, your brother or your son or grandson?” Akshaya Patel of Marlboro, New Jersey wrote a letter titled “Ads Do Impact the Very Young”: “I enjoyed reading your article about the negative portrayal of men in the media. I am a father of a 5-year-old boy and I can tell you that advertising impacts his perception of the world much more profoundly than adults may realize. “Last year I severed my relationship with Fidelity Investment because I was appalled at the way they portrayed men in their advertising. I became politically aware during the years of anti-apartheid divestment and it has stuck with me. “My son has learned to use Tivo and he skips through the advertising these days so I suppose this may become a nonissue in my home. Nonetheless the corporate community speaks to the masses through advertising and they have to maintain a gender neutral balance in their message.” Eric Tarkington of Atlanta, Georgia wrote: “Critics who say ‘enough dumping on dad already!’ are not alone–far from it, if anybody has a bizarre attitude about this, it’s the disconnected ad man sector, not the growing annoyed sector of the public. I have some sympathy for ad writers. You need the good feelings from a gag to become associated with your product or service. Somebody is always the butt of any joke, and political correctness says you won’t make it a her. Besides, you don’t have to be careful dumping on dad in this society. Or do you? People are getting annoyed, and your customers probably shouldn’t look bizarre to you…” To read all the letters, click here. Brandweek Magazine’s letters section can be reached at feedback@brandweek.com.

Categories
Blog

David Harris Lied, so He Deserved to Die?

“What has he done to wear so many scars? Has he changed the course of rivers? Has he polluted the moon and stars?”–Bob Dylan

Convicted Texas ‘Murder by Mercedes’ Killer Clara Harris, her attorneys and her supporters have been largely successful in concealing the true nature of Clara’s crime. Whereas Clara has successfully portrayed herself as the innocent victim of a philandering husband, in reality David Harris was killed while trying to exit a bad and possibly abusive marriage. Clara’s defenders also ignore the fact that considerable evidence was presented that Clara–who played the crying, betrayed wife–was also having an affair at the end of their marriage.

In my co-authored column Suppose roles had been reversed in Harris case–Murdered dad deserves sympathy being shown Clara (Houston Chronicle, 1/27/07) I wrote:

“While many see the Clara Harris case as one of love and betrayal, it is in fact a garden-variety domestic homicide. Clara Harris is no better than high-profile wife-killer Scott Peterson. Perhaps Clara is even worse — at least Peterson spared us the crocodile tears.”

To learn more, also see my column In Defense of David Harris (LewRockwell.com, 3/4/03), or click here.

I sometimes get hate mail from Clara’s defenders and/or the operators of the website www.claraharris.org/. Recently a woman identified as “April” wrote:

“[David Harris] said [the affair] was over and wanted to meet with Clara to reconcile. Then he did this adulterous deed at their HONEYMOON hotel?!

“Bullshit Glenn….go drink ANOTHER mug of that Kool-Aid. He made a vow. They had children. He lied multiple times……………….

“He had it coming. It was too quick for my liking.

“FREE CLARA HARRIS!!!!!!!!!!!!!!!!!!!!”

Categories
Blog

‘Now that our last is off to college…’

New Yorker cartoonist Liza Donnelly makes a good point. I think many, many couples get so lost in everything they need to do for their kids and their households that the actual relationship between the couple gets lost.

Categories
Blog

‘My husband has learned the hard way that it doesn’t pay to be a responsible noncustodial parent’

From Sherri, a reader: “My husband has learned the hard way that it doesn’t pay to be a responsible noncustodial parent. He was divorced in 1994 and ordered by the court to pay child support. In 1999 he was taken back to court for an increase in child support, which was to end on the child’s 18th birthday. “The child turned 18 before graduating from high school, so mom contacted the Illinois Department of Healthcare and Family Services to get the support to continue until he graduates. He is failing several classes, so graduation could be awhile. “The state did a mandatory case review and found 13 missed payments from 1999, 2000, 2001 and 2003.
We have never been notified of any delinquency. We never had the chance to prove that we paid it. A new withholding order was issued to include the arrearage. “To make things even more frustrating, his employer only keeps records back 3 years so no way to prove it was taken out of his checks, because silly me I didn’t keep 8 years worth of pay check stubs. “We got no satisfaction from the State. They just said ‘well, prove it was paid.’ I said it was court ordered to be withheld from his pay check and he never changed jobs. They said ‘well, you should have kept pay the check stubs.’ Such a run around. It is sad that they use the term “deadbeat dads,” but the state turns around and creates them. “I want to get the word out to other non custodial parents not to trust the system. Not to trust that because they are forced to have the child support withheld from their check that it will get to where it needs to go. A noncustodial parent needs to keep track of every pay stub. We could fight it, but our attorney fees would be more than the arrearage. “Oh, and the kicker…my husband has to pay child support until his son is out of high school, but we can’t enforce visitation because he is 18 and he doesn’t come over because he is working over 30 hours per week. What is up with the system?!”

Categories
Blog

‘It just kills me that you’re a man…’

Some biting commentary from the New Yorker’s Danny Shanahan

Categories
Blog

‘The assistant district attorney started reading me the riot act as if I were a piece of pond scum’

“The assistant district attorney started reading me the riot act as if I were a piece of pond scum…When I informed her that I had already paid the arrears, she told me I was lying and that I was going to jail. I stood my ground and demanded that they recheck their records…After yelling at me for another 10 minutes, the payments clerk came in and informed the assistant DA that indeed I had sent in the payment…I demanded an apology…” The letter below is mostly about child support system’s abuses, but there’s an interesting side element, too.
I’ve mentioned before the problem in family court of mothers extorting money from fathers in order to allow the fathers to see their kids. Because courts begin with the presumption that the mother is the real parent and the father is extraneous and caused the divorce anyway, mothers can force financial concessions from fathers in exchange for allowing them more parenting time. In reality, as long as both parents are fit, each should have a right to 50% time with their children as a matter of course. The letter also touches on the problem of the child support enforcement system threatening jail as a way to shake down a child support debtor’s elderly parents. From Robert, a reader: “I had a very bad experience with the local DAs office in Tarrant County, Texas several years ago regarding child support. I had been out of work for about nine months and was just getting by while taking care of my two children, who lived with me 50% of the time. My ex had extorted child support out of me during our divorce settlement as a precondition of going along with joint managing conservatorship. Thus even though the kids spent equal time with me and I was out of work, the family court kept demanding that I continue to pay her child support, even though she was working full time as a teacher. I never quite figured out the rationale for this except that there is a built-in bias in the courts on behalf of women. “After getting no relief from the court on my petition to reduce the child support until I was again working, I eventually fell behind about two months on the payments and got a nastygram from the DA’s office threatening me with jail if I did not pay up. I managed to borrow some funds from my elderly parents and did send the payment to the DA’s office. A week later, I got a summons for failing to pay the arrears. “When I showed up, the assistant district attorney started reading me the riot act as if I were a piece of pond scum. Honestly, I have never seen a person so angry at life and at me. When I informed her that I had already paid the arrears, she told me I was lying and that I was going to jail. “I stood my ground and demanded that they recheck their records. I had a money order stub and knew that I had sent it to the proper address. An initial search by the clerk turned up nothing so again I was confronted by the angry assistant DA who again threatened me with jail. After yelling at me for another 10 minutes, the payments clerk came in and informed the assistant DA that indeed I had sent in the payment. “At that point I demanded an apology from the pretentious assistant DA who merely scoffed at me and still drug me into the court alleging that I was guilty of contempt. When I pointed out to the judge that I was unemployed, had joint custody, and had complied with the payment demand, the judge was a little confused and asked the assistant DA for clarification. “When she grudgingly admitted that everything I had told the judge was accurate, the case was dismissed. Even after all of this, the assistant DA was the glaring angry woman who just would not let it go.”

Categories
Blog

‘Fathers typically have to go through mom if they want to become more involved in their kids’ lives’

“Minnesota’s Voluntary Recognition of Parentage form, which establishes a legal relationship between father and child when the parents are not married to each other, spells out dads’ rights in black and white: ‘When a child is born to parents who are not married to each other the law gives custody of the child to the mother. If the father wants a different custody arrangement, he must go to court’… “…state law leans heavily toward the mother in custody cases, and fathers typically have to go through Mom if they want to become more involved in their kids’ lives.”
There are several great things about the recent Minneapolis Star-Tribune feature article More and more single dads (11/24/07): 1) They profile some of the many young, unwed fathers who do want to be there for their children. 2) They clearly acknowledge that for young dads, their children’s mothers are often the biggest barrier to father involvement. 3) They clearly acknowledged the stacked deck fathers face in family court. Better than that is the way the piece details the lives of single fathers like Lee Cody Wilson (pictured), who is raising his three kids, including his baby daughter. The article is below. More and more single dads By Curt Brown Minneapolis Star Tribune November 24, 2007 The sun is peeking up outside the frosty window, but Lee Cody Wilson is already juggling at full speed in his Minneapolis apartment. He’s ironing the white school shirts for his sons, 7-year-old Jontae and 4-year-old Jameeko. He’s handing a bottle of formula to Kennon, his 11-month-old daughter, in her playpen. Jameeko can’t find a shoe, so the search is on. “Brush your teeth and gargle and then I’ll get you a Pop-Tart,” he tells the boys, dangling an incentive. The hectic routine is one faced by an increasing number of fathers. As a single dad, Wilson is part of one of the fastest-growing segments of Minnesota’s population. By 2030, the number of single-father families is expected to climb 55 percent — from 6 percent of all households counted in the 2000 census to nearly 10 percent, according to state projections. It’s not certain why that number is growing, but it is clear that single dads often face additional challenges in raising a family. Surveys show they often have more employment and housing problems than the mothers of their children, as well as less education.

Categories
Blog

Illegal Immigrant Hero Father Deserves Medal and Visa, not Deportation

“The capacity to love is a vital, rich and all-consuming function…you can find nobility and sacrifice and love wherever you may seek it out…”–Rod Serling

Hero father Manuel Jesus Cordova Soberanes gave up his attempt to come to the United States and instead turned himself over to the Border Patrol, all to save the life of a injured nine-year-old American boy. Cordova found the boy wandering in the Arizona desert after the boy’s mother was killed in a car crash on Thanksgiving Day. Cordova, who was promptly deported, said:

“I am a father of four children. For that, I stayed. I never could have left him. Never.”

Cordova and the boy are pictured. According to the Associated Press:

“The 26-year-old bricklayer was two days into his walk and about 50 miles from Tucson when he saw the boy, who had walked away from the crash…Christopher had scrapes on his leg and was dressed in shorts despite the desert cold. The boy had his dog with him and was holding a side mirror from the wrecked van.

“Neither Cordova nor Christopher spoke the other’s language, but the boy took the migrant to the edge of a canyon and showed him the accident site…

“‘I felt frustrated and sad because I couldn’t do anything for the mother,’ Cordova said. ‘And I didn’t know how to console the boy, so I just sat next to him.'”

“Cordova gave the boy the sweater he was wearing, climbed down to the van, and found chocolate and cookies to feed him.

“He then built a bonfire, and the two hunkered down. The boy slept most of the night; Cordova kept watch and tended the fire [which he hoped the Border Patrol would see]. Fourteen hours later, a group of hunters found the pair and called for help. U.S. Border Patrol agents took Cordova into custody, and Christopher was flown to a hospital in Tucson.”

The story is Illegal immigrant ‘never” thought to leave boy: Man comforted child after mom died in Arizona desert crash, officials say (Associated Press, 11/28/07), and be sure to watch the MSNBC video on the same page.

According to the story, the Mexican consulate in Nogales is “working to obtain a short-term visa for Cordova so he can come to Arizona and be recognized for his actions.” I think instead the US government should send him a legal permanent Visa and invite this hero to come to the US. I have a nine-year-old child and am grateful that, were she ever in a desperate strait, there are men like Cordova out there who are willing to make sacrifices like this in order to help a child.

Categories
Blog

Postcards from Splitsville (Part II)

The drawing above was taken from Kara Bishop’s www.postcardsfromsplitsville.com. Bishop works with Children of Divorce, a class run by Tucson, Arizona-based Divorce Recovery. The class did an art project that included “sending away” the frustrations of divorce. The website is a place where Kara says “children can share their divorce-related feelings anonymously and parents can get a new perspective on how this life-changing experience impacts their children”s lives.”

To learn more, click here. Kara can be reached at Kara@PostcardsfromSplitsville.com.