By AMY DRISCOLL
The grandmothers' request that they meet with Elian Gonzalez in
a so-called
neutral setting is a fairly common one in child custody fights,
family law attorneys
said Tuesday, and usually is agreed on in court.
''Whenever there's potential for family dysfunction, no matter
what kind, a neutral
site is generally considered best,'' said Richard Milstein, a
Miami attorney who
specializes in family law.
And child psychologists say the selection of a neutral setting
-- a place where the
child can meet comfortably with a parent or relative despite
the family rift -- may
be particularly important in the case of Elian, who was plucked
from the sea
Thanksgiving Day after his mother and 10 other people drowned
in an effort to
reach Florida. He hasn't seen any of his family from Cuba since.
''To reestablish face-to-face contact with the family he's known
since birth is an
important thing for this kid,'' said Dr. Alan Delamater, professor
of pediatrics and
psychology at the University of Miami. ''He's been with a strange
family all this
time. Separation from family is an important issue that's being
overlooked.''
Usually, visitation agreements are hammered out in mediation or
before a judge
and are from time to time the subject of acrimony between the
competing parties.
BITTER FIGHT
But the fight for two hours alone with Elian has been particularly
bitter and
complicated since the case crosses international boundaries and
political
minefields, leaving legal scholars shaking their heads.
''Everything is topsy-turvy in this case,'' said UM law professor
Bernard
Perlmutter. ''There is widespread confusion about the legal standards
applicable in
this case.''
So complex is the situation that on Tuesday it forced the U.S.
Immigration and
Naturalization Service into the family-law business. After a
standoff on Monday --
the grandmothers refusing to visit the boy in his Miami relatives'
home and the
relatives balking at any other location -- the INS ordered a
visit on neutral territory.
The visit is set for the gated Miami Beach home of Sister Jeanne
O'Laughlin,
president of Barry University. Family law attorneys said the
home offers the one
thing Elian needs most for a visit with his grandmothers: privacy.
''You want to look for a place that's comfortable for the child
and a place where
the grandmothers can have meaningful contact, without having
every move
watched by crowds of people,'' said Ana Martin-Lavielle, a family
law attorney.
In some visitation cases, the children meet their relatives in
a supervised
playroom in the Miami-Dade courthouse, or in a park or a restaurant,
she said.
PRECIOUS PRIVACY
''In this case,'' she said, ''that would be way too public and too visible.''
Laura Fabar, a lawyer for Elian's Miami relatives, said the family
believed the
home of Elian's great uncle, Lazaro Gonzalez, would be the most
comfortable
place for the boy.
''When the family heard the grandmothers were coming, their initial
reaction was
just, 'We'll invite them to the house and have a meal with them.'
It's the most
natural thing in the world,'' she said. ''Where else could they
go? A restaurant?
They would have been followed by the press.''
Family law attorneys say the home would not have been suitable
if the
grandmothers felt threatened or intimidated and were unable to
relax during their
visit with their grandson.
UM's Perlmutter said the grandmothers, bearing the power of attorney
from Elian's
father in Cuba, had a strong legal case to visit their grandson.
''The rights of the father are crystal clear under the law --
and if he gave his
blessing for the grandparents to visit, then they should be allowed,
no question.''
'TENUOUS STANDING'
Arguably, he added, the grandparents may have a greater right
to see the boy
than his great-uncle, who was granted temporary custody by Miami-Dade
Circuit
Court Judge Rosa Rodriguez in a ruling that the INS has refused
to recognize.
Usually, Perlmutter said, visitation battles are fought between
parents. ''But in this
case, the center has shifted to the extended family, and they
have a very tenuous
standing under the law.''
For Elian, all of the legal strategies and international pressure
comes down to a
simple desire. He wants to see his grandmothers.
''His relationship to his grandmothers is an important, stabilizing
force in a life that
must seem awfully tenuous to him right now,'' said psychologist
Delamater. ''He's
been transformed into a child celebrity, a symbol for all of
this yearning and anger
of the exile community. But this boy needs to be a child. He
needs to be
somebody's grandchild.''
Copyright 2000 Miami Herald