My Two Cents on the David & Sean Goldman Case

I was reading an article on CNN.com a few minutes ago that made me shake my head. The article is an update on the case of an American child who is currently under the custody of his Brazilian step-father even though his biological American father is alive and has, for years, been fighting for the boy's custody. I first heard about the David (dad) & Sean (son) Goldman case while I watched an episode of Dateline earlier this year (read the transcript here). The story is heartbreaking and has its share of unexpected twists. Here is a man who seems to have it all; a beautiful, loving wife, a healthy baby boy, a great house, a job as a model and a happy marriage. One day, without notice or warning signs, he receives a phone call from his wife (who had gone on vacation with the baby) that he will never see either of them again. Confused? Me too. To add to this the wife dies while undergoing a medical procedure. Even so the child remains with the step-father, João Paulo Lins e Silva. All the while David Goldman has hired an attorney, followed legal protocol on international child abduction and continuously fought for the return of his son. The case has at this point gone before a couple of judges and all have ruled in favor of the step-father (who is, apparently, from an influential Brazilian family. Hmm...). Years later, Sean is still in Brazil even though there have been judges who have ruled that Sean belongs with his father. Sadly, each of these rulings has been met with a counter-ruling in different courts; including the most recent ruling in favor of David.

It sounds like an intricate case but, at least to me, this case is of a very simple nature: the child belongs with his biological father. Yes, I know that perhaps not all biological parents are exemplary (or adequate in some cases) but given the fact this this particular father has no record of violence, fraud, or any other criminal activity and has pretty much given up everything to get his son back, one has to wonder what is going on with the Brazilian courts. Sure the step-father is wealthy and can care for the boy but his place is with his biologicial father; the father who has not given up his fight or hope that his son return home. Wealth should not play a role in this or any other family case. A parent's ability to dutifully do what's is best for his child has to amount to something. I would perhaps be swayed from my position if David Goldman were an addict of any sort, a felon, a pedophile, or had other issuses/circumstances that prohibited him from being able to provide the best care and environment for Sean. To date, there has been no evidence or suggestion of such situations.

This case reminds me of the Eilan Gonzalez case. The similarities are clear: a boy is alive, his mother has passed away and the biological father is alive, and seeking the return of the son, in the birthplace of the child. The differences are also evident: Sean's step-father is not a direct relative; Elian's cousin is an extended biological relative; The Hague Convention applies to the Sean Goldman case and not to the Elian case. International politics played a vital role in the Elian case and though Secretary of Sate Hilary Clinton has been in talks with Brazilian officials, politics don't have the same role in the Goldmdan case. Despite all of the differences and similarities I still believe that Sean should and needs to be permanently reunited with his father. I held the same position with the Elian case. I think I was one of the few people in Miami who openly felt that way (especially considering the Cuban political/socio-economic conditions). I can't say Elian's life or opportunities are better in Cuba but Mr. Gonzalez is entitled to raise his son and should be responsible for the boy's upbringing. Elian is equally entitled to a life with his father. Since Elian had a 'close and continuous realtionship with his father' it seems only fitting to let them continue on that path. Do I think Elian would have had a better life in the US? Sure, most immigrants do have a better life in the US. I think, however, it is important to let a father or mother, especailly one who is able, willing, enthusiastic, and ready to raise and care for his/her child. It is erroneous and sad that João Paulo Lins e Silva and Brazil's convoluted court system have prevented David and Sean Goldman from having a close and continuous relationship or any relationship for that matter.