A chance encounter in Kosovo turned his world around. Now, he's ready to go to England on a Marshall Scholarship to think about the world more deeply. In Elian's case, I would rely on the best-interest analysis, and not purely on parental rights to resolve the case.
Some critics argue that the 'best interest' standard is too indeterminate.
But it is the best way we have found to express the principle of placing the child's needs and interests first. However, the idea that living in a rich country must be in a child's 'best interest' grossly distorts what the standard is really about. The core of the concept is a respect for the individual child's unique developmental and psychological needs, and protection of his intimate attachment relationships. Elian has seen his mother die and apparently has a strong relationship with his father and grandmothers. He needs them more than he needs trips to Disney or U.S. citizenship.