When Michael Jackson unexpectedly passed away last week, the world was stunned by the death of the fifty-year-old artist who left an indelible mark on pop culture. He was preparing for a world tour that was billed as the last chance for his fans to see the King of Pop perform on stage. Whether motivated by the desire to sing again or by undeniable financial problems, the tour that would have brought hundreds of thousands to the stadiums will never happen. Along with his astonishing music legacy and orderly legal history, Michael Jackson also leaves endless questions surrounding his unusual personality and life. What exactly was the cause of his death? An official coroner ruling has been postponed pending toxicology reports, but rumors about his addiction to prescription drugs are rampant and the courts want a chance to speak with his various doctors. Will we now know more about the plastic surgeries and other alterations that he decided to endure? Finally, there is a question that will likely be answered in a California court over the next several weeks and months. What will become of Michael Jackson’s children? Amid all the chaos and media frenzy, I hope we all remember these three innocent participants in the family drama.
Michael Jackson leaves behind three children whose new home has yet to be determined: twelve-year-old Prince Michael, eleven-year-old Paris Katherine, and seven-year-old Prince Michael II (aka Blanket). The first two children are the product of her marriage to Mr. Jackson’s former dermatologist nurse Debbie Rowe, which lasted from 1996 to 1999. Ms. Rowe originally gave up all custody rights when the two ended their marriage, but He successfully appealed for parental rights to be restored following Jackson’s 2003 arrest on child abuse charges. The youngest child was born to a surrogate mother who has never been identified. In fact, the official documentation lists “None” in the space provided for the biological mother. So the California courts are left with two biological mothers who have had little or no contact with their children. What are the possible options at this time?
California law considers several issues when determining child custody cases, using the guiding factor of the “best interest of the minor” as the primary influence in such decisions. First, the courts examine the best environment for a child’s safety, health, and well-being. They also check a history of physical abuse or violent crimes committed by either party seeking to share custody. The stability and continuity of an environment is essential in the eyes of the field. Children must have established links and patterns with the person who is considered the primary caregiver. Unless there are circumstances that require otherwise, such as specific health or educational needs, every effort will be made to keep the siblings living together. Finally, the court must give “due consideration” to the wishes of children in this difficult situation, assuming that their ages and reasoning ability allow them to express such a preference.
Earlier this week, Michael Jackson’s mother, Katherine Jackson, received temporary guardianship of the three children. In a will written by Michael Jackson in 2002 and published the day after Ms. Jackson received temporary custody, the courts revealed that this placement was in accordance with Jackson’s last wishes. However, Mr. Jackson does not necessarily have the last word on where his children will live until they reach adulthood. Well-known celebrity attorney Gloria Allred said of the situation: “” If you indicated a preference, it will be given great weight, but that will not be determinative. Children are not property, they cannot be inherited from someone else. “However, so far, Katherine Jackson is the only possible guardian who has expressed an absolute and definite interest in childcare. She has a long-standing relationship with all three of them. of the children and is surrounded by other grandchildren of the Jackson family. This environment may prove to be the most stable and loving for Prince, Paris, and Prince Michael II. Charlotte Goldberg, professor of family law at Loyola Law School in Los Angeles said that in all child custody cases, “it’s really a balance between continuity and stability and a biological relationship.”
Where does the current situation leave Debbie Rowe? Experts believe that she has the strongest legal claim on the two oldest children, if she chose to assert her parental rights. As this article is being written, Ms. Rowe has just filed for and won a delay in the next custody hearing while she decides whether or not she wants to exercise her rights to raise her two children. This legal move today was the first communication Ms. Rowe has offered since Michael Jackson’s death a week ago. If she decides to move to the front of the custody line herself, which would likely be her legal prerogative, Ms. Rowe would need to undergo an evaluation by the court to determine if she is the best person to care for the children.
Whether you’re a celebrity or someone who’s never been on the cover of a tabloid magazine, emotional issues related to child custody situations are always tough. Above all, it should be the wish of the courts and all parties involved to make the decision that is in the best interest of the children. Where will children feel most secure and loved as they go through a painful life transition? Who is surrounded by the best support network when extra help is needed with children? Who can provide the strongest financial support? If you are seeking custody of precious children in your life whose circumstances are changing for reasons ranging from divorce to death, you should seek the help of a family law attorney who has the experience to be sensitive to the intense emotions that are involved. If you are also in public view, you will want to find legal representation that gives you insight on how to navigate through the magnified issues of celebrity law. While it can be difficult to focus on these practical needs when you are caught up in caring for a grieving family, making these decisions early will make the journey easier.