Family Court Takes Authority in Elian’s Case

The international tug of war over 6-year-old Elian Gonzalez took another dramatic turn Monday when a judge ruled that a family court here has jurisdiction over the fate of the Cuban child.

The U.S. Immigration and Naturalization Service last week ordered that the little boy--picked up adrift in an inner tube off the Florida coast on Thanksgiving Day--be returned to his father in Cuba by Friday.

But Miami-Dade Circuit Judge Rosa Rodriguez granted emergency temporary custody to the boy’s great-uncle, saying that she found in his petition “sufficient verified allegations that if . . . Elian is returned to Cuba, he would be subjected to imminent and irreparable harm to his physical and mental health and emotional well-being.”

Lazaro Gonzalez, the boy’s great-uncle, waved a copy of the judge’s ruling above his head and, before wading through the encampment of supporters outside his Little Havana home, yelled in Spanish: “Victory for Elian!”

Rodriguez has scheduled a March 6 evidentiary hearing on the custody issue. But it was unclear whether that will ever take place, given the INS order.

The judge also said that she expected the child’s father, Juan Miguel Gonzalez, to appear in court. The father, who lives in Elian’s hometown of Cardenas and is said to have a close relationship with the boy, repeatedly has said he would not come to Miami out of fear for his safety.

Elian was found two days after a smuggler’s boat bringing him, his mother and 12 others to the United States capsized in the Gulf Stream. His mother and 10 others drowned.

Since being placed in the care of Miami relatives, Elian has been the focus of both the custody fight and a politically charged debate over where it would be best for him to grow up.

In Cuba, Fidel Castro has ordered several mass demonstrations in support of the father’s claim, while among anti-Castro exiles in Miami, the politicking has been just as ferocious.

Last week police used tear gas and made more than 100 arrests to quell rowdy street protests over the INS ruling. And on Friday, Rep. Dan Burton (R-Ind.) issued a subpoena ordering Elian to appear Feb. 10 before the House Committee on Governmental Reform, a largely symbolic maneuver.

Almost all of those vying for their party’s 2000 presidential nominations have expressed an opinion on the case. Vice President Al Gore jumped in Monday, saying in an interview on NBC’s “Today” show: “I’d like to see the dispute adjudicated in our courts.”

At least some exile leaders indicated Monday that if the custody hearing were held, they would abide by the results. “If the court rules that the child must go back to Cuba, we will respect it,” said Jose Basulto, a founder of Brothers to the Rescue, an anti-Castro group.