Father's son, 5, remains in Cuba
Homestead man vows custody fight
BY LUISA YANEZ
Blocked from bringing his 5-year-old son back from Cuba, a Homestead
man
returned from the island Thursday night, vowing to launch an
international custody
battle for the boy similar to the one fought over Elián
González.
Jon Colombini said his attorney will prepare to appeal to Cuba's
Supreme Court
for custody of Jonathon, a former kindergarten student at Plantation
Key School
in Tavernier.
In January, Colombini and his attorney plan to return to the island
to file their
case.
``We believe that international law, U.S. law and Cuban law are
on the side of Mr.
Colombini,'' said attorney Michael Berry, of Clearwater, who
specializes in
international custody cases.
During his four-day visit to the island, Colombini, 31, said he
pressed his case
before ``attentive and polite'' high-ranking Cuban officials
during meetings in
Havana. For the most part, the officials just acted as observers
during his visit.
U.S. COURT ORDER
Berry said he will ask the island government to honor a Dec. 12
court order,
issued by a Monroe County judge, granting Colombini temporary
custody of
Jonathon. The judge ruled that Colombini's wife, Arletis Blanco,
violated the
conditions of their 1998 divorce because they had been granted
joint custody.
But the case is complicated by the fact that Cuba and the United
States have no
diplomatic relations and do not share an extradition treaty covering
such cases.
``There is no road map,'' Berry said. ``This case calls for spontaneous
activity as
things evolve.''
Cuba's Supreme Court is not an independent body as it is in the
United States,
said Jaime Suchlicki, director of the Institute for Cuban and
Cuban-American
Studies at the University of Miami.
``It doesn't work the same way there,'' Suchlicki said. ``Those
judges are
appointed by the Communist Party secretary, and they will rule
the way [Cuban
President Fidel] Castro tells them.''
Attempts to reach a spokesman with the Cuba Interests Section
in Washington
on Thursday were unsuccessful.
In the Elián case, attorneys in the United States took
their months-long custody
battle as far as the U.S. Supreme Court, which refused to hear
the case.
Once launched, the battle over Miami-born Jonathon will pit his
U.S.-born father, a
kitchen manager, and Blanco, his Cuban-born ex-wife. She is a
former office
manager who fled while under suspicion of embezzling money from
her employer,
McKenzie Petroleum in the Florida Keys.
Blanco has told Granma, the Cuban Communist Party newspaper, that
she left
because she had been threatened by her former boss. She said
he had diverted
the embezzled money to Cuban exile groups. She also said she
prefers to raise
her family in Cuba.
TAPED CONFESSION
However, she left behind three cassette tapes with her family
in which she
confessed to stealing $150,000. Monroe County sheriff's detectives
are
investigating.
Blanco, who fled with her boyfriend, Agustin Lemus, their toddler
daughter and
Lemus' cousin, took Jonathon without his father's consent. She
says she wants
to stay on the island.
But Colombini said he believes an American life is best for the
child. ``I want him
in the United States,'' he said.
By visiting the island, the father had hoped to avert a legal
battle, but he said his
ex-wife refused to let him see Jonathon away from the house.
Colombini said he
saw his son after school, traveling 90 minutes every day.
The Associated Press contributed to this report.