If no, then we can agree that there are circumstances in which even a competent parent should lose custody of a child. It is ironic that those who want to return Elian to Cuba because of parental rights would return him to a country where he and his father have no rights. Life in Castro's Cuba is such that it warrants the law stepping in to protect Elian. Children are required to pledge allegiance to Castro, and are encouraged to report their parents for political crimes.
Ordinary citizens have no reliable health care.
In other words, if you are a member of the communist party elite, or a foreign tourist or diplomat who can pay with hard currency, medical care in Cuba isn't too bad. If you are an ordinary citizen like Elian, however, you'll be out of luck. Furthermore, because Castro wishes to claim that certain diseases, such as syphilis, have been eradicated on the island, official policy is that if a patient has syphilis, he simply isn't treated and is never told.5 Food is less than plentiful for Cuba's ordinary citizens as well. Next year, he'll stop being eligible for his milk ration. Because of the shortage of milk, Cuban parents often water the milk to extend it - just what a growing boy needs.