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• Nov 28, 2007 10:57 pm US/Eastern
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  Cuban National Izquierdo Gains Custody Of Daughter

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Cuban National Izquierdo Gains Custody Of Daughter

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MIAMI (CBS4) ― It was a day of victory for Rafael Izquierdo, as the Cuban national has entered an settlement where he will gain sole custody of his 5-year old daughter Wednesday, but there's a surprise twist to the case.

Izquierdo came from Cuba to fight the Department of Children and Families lawyers and the Coral Gables couple who cared for his daughter Rachel, to take her back with him. He settled out of court with them Wednesday, but it looks like he will not be going back to Cuba any time soon.

The stipulations of the settlement will allow the Cubas's visitation on alternating weekends until May 2010, with a possible extension if Izquierdo remains in the U.S. longer. This could likely mean he'll stay with his Cuban wife in the U.S. if he seeks asylum.

"She will continue her relationship with her brother, which is the one contact in her life," said Joe Cubas in a phone interview with CBS4 News.

Cubas has permanent custody of Rachel's half-brother.

The dispute of who would care for the girl was sparked by the attempted suicide of Elena Perez, the girl's mother in December of 2005. The incident prompted DCF officials to place both the girl and her older brother in state care, with both eventually landing in the care of Joe and Maria Cubas.

No legal rights were awarded to Perez, however, Family Judge Jeri Cohen still has to approve the settlement before it goes into effect.

Cubas has permanent custody of Rachel's half-brother.The dispute of who would care for the girl was sparked by the attempted suicide of Elena Perez, the girl's mother in December of 2005. The incident prompted DCF officials to place both the girl and her older brother in state care, with both eventually landing in the care of Joe and Maria Cubas. No legal rights were awarded to Perez, however, Family Judge Jeri Cohen still has to approve the settlement before it goes into effect.

(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)