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MIAMI (CBSMiami) – New details have emerged in a custody battle over a baby born in South Florida.

That infant’s Cuban mother died during childbirth.

The baby was taken in by a relative but now the girl’s father, who lives in Cuba, wants custody of his daughter.

Baby Valaria’s father Yoelvis Gattorno was in a South Florida courtroom on Tuesday.

The little girl has been in the custody of his wife’s relatives.

They have a lawyer and two compelling issues.

One, the little girl is an American citizen. Two, the father is her father and has a right to his child.

“This was determined through DNA, which the petitioners are not contesting,” said Judge Migna Sanchez-Llorens. “And for all those reasons I will sign a final judgement.”

Gattorno appeared very happy as he was certain this would be the outcome.

His legal team was also not surprised with the results.

“Very simple, as it should be,” said Gattorno’s attorney Amy Rosquete. “He is the father. There is no reason for anybody other than the father to have his baby.”

One stipulation is that Gattorno cannot take his daughter back to Cuba until she is cleared medically.

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