Elian Gonzalez, 6, was rescued by two fishermen after the boat upon which he and 13 other Cubans trying to enter the United States illegally sank off the coast of Florida. Elian was one of only three survivors. His mother and stepfather both drowned.

U.S. authorities placed Elian with his great aunt and great uncle in Miami. His father, claiming his ex-wife did not have his permission to take his son to the U.S., demanded the boy be returned to him in Cuba. Lawyers for Elian's American relatives quickly filed for political asylum, then custody, arguing that Elian would have a better life here than in Cuba with his father.

Elian's relatives, along with a few grandstanding politicians, then set out to show Elian what life for children in America is like: Piles of gifts under the Christmas tree, trips to Orlando's famous theme parks, photo ops with local vote-seekers, all documented by a traveling troupe of journalists and photographers.

These events set off mass demonstrations in Elian's homeland. Fidel Castro accused the U.S. of kidnapping the boy, and denounced what he called, ``the grotesque and incredible display of ostentatious gifts that show they will go to any cost to buy the soul of a 6-year-old boy.''

A state-run television ad features a child asking his classmates, "What would you rather have? Toys or health care?" The children reply, "We want health care!"

With Castro politicizing the event, the debate is now focused on the question of whether Elian's father is being allowed to state his true feelings or the Cuban government is telling him what to say. Attempts are being made to bring the father over to the U.S. so he can state his opinions freely, with no fear of reprisal.

While this concern may have some validity, I believe it more likely that this really is a father who wants his son. I find his actions and statements to be consistent with what most fathers would do and say in this situation. Try putting yourself in his place. Would you need the government to force you to try to get your son back?

Suppose the situation were reversed. What if a Cuban mother took her American child to Cuba, and then died in an accident there. Would there be protests in America if Cuba did not immediately return the child to her father? I would bet on it.

I have read no allegation that Elian's father ever abused him, or is an unfit father for any reason other than the fact that he lives in a country where the politics and standard of living don't measure up to our own ethnocentric standards. Bernard Perlmutter, director of the University of Miami's Children and Youth Law Clinic, told the Associated Press that unless the family can prove the boy's father is an unfit parent, a state family court judge would have to return him to his father because he is the remaining biological parent.

The father's assertion is that Elian's mother took Elian out of the country without his permission and against his wishes. If this claim bears scrutiny, an American father would likely win custody even if the mother were still alive. Does a Cuban father get the same justice? We should find out later this month, probably before the status interview with INS officials scheduled for Jan. 21.

I believe, barring any significant negative reports on Elian's father's fitness as a parent, the law is very clear in this case. While Elian's life may very well be better, by our standards, if he lives in the U.S., that is not for us to decide. He belongs with his father.