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U.S. Foster Parents, Cuban Dad Reach Custody Deal

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By CURT ANDERSON, The Associated Press

Published: November 29, 2007

MIAMI - A Cuban farmer would get sole custody of his 5-year-old daughter under a settlement reached Wednesday after a lengthy court battle involving the girl's U.S. foster parents and state officials, according to a person familiar with the deal.

Under the settlement, Rafael Izquierdo and his daughter would remain in the United States for several years and the foster parents, former baseball agent Joe Cubas and his wife, Maria, would get regular visits from the girl, according to a person familiar with the deal who spoke on condition of anonymity because of confidentiality rules.

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

Izquierdo attorney Magda Montiel Davis did not immediately return a telephone call seeking comment.

Cohen ruled in September that Izquierdo is a fit parent and did not abandon his daughter when her mother brought her to the United States in 2005. But Cohen has delayed hearings on whether the girl would be placed in danger if removed from her foster family and returned to Cuba.

The state Department of Children & Families has sided with the foster family and fought to keep the girl in the United States. DCF spokeswoman Flora Beal confirmed that a settlement has been reached but declined to comment.

"The department has a policy of working out cases as amicably as possible and taking into consideration what is best for the child," Beal said. "It's a win-win situation."

Alan Mishael, attorney for the Cubas family, declined to comment about the settlement. He had expressed concern that the girl's increasing time spent with her father might affect a final decision on her placement. The Cubases, who live in Coral Gables, have custody of the girl's half brother.

The children went into foster care in 2005 after their mother, who has a history of psychological troubles, attempted suicide after she emigrated legally to the United States from Cuba. The mother, Elena Perez, has testified in support of Izquierdo's bid to win custody of their daughter.

The state had accused Izquierdo of abandoning and neglecting his daughter by spending little time with her in Cuba and later failing to contact her for nine months once she had moved to the United States.

The case initially drew comparisons to the Elian Gonzalez custody battle.

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