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Mother dies in childbirth; cousin has temporary child custody

Some California residents may relate to a developing family law situation in another state. The central focus of the case is child custody, and an extended family member who is a maternal second cousin of the child in question is involved. Sadly, the situation first unfolded when a tragedy occurred.  

The child is a newborn infant, recently born to a mother of Cuban descent. The mother had entered the United States on a visa she obtained through an annual lottery hosted by the U.S. government. Tragically, the 35-year-old woman died while giving birth to her daughter.  

The infant was placed in the temporary custody of her mother's cousin. However, the child's father, who still lives in Cuba, wants his daughter to be with him, and he has taken steps to try to bring his wishes to fruition. The woman currently caring for the infant says it would be wrong to send the child out of the United States because it was the mother's expressed desire that she be raised in this country. The mother also reportedly hoped to assist the child's father in coming to the U.S. to live.  

The decedent's cousin says she understands why the law might consider the biological father of the infant as the most logical choice when granting child custody, but she hopes that does not have to mean that the child will be raised anywhere other than the United States. There may be California residents facing similar complicated family law problems. The good news is that legal support is available to help protect the best interests of any and all children involved.  

Source:, "Cuban woman who died while giving birth in Miami wanted baby raised in the US, cousin says", Roy Ramos, March 29, 2018

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