By ANTHONY McCARTNEY
AP Entertainment Writer Anthony Mccartney
Ap Entertainment Writer
LOS ANGELES – Michael Jackson's mother, Katherine, is taking care of the singer's three children and the family will go to court Monday in part to protect her rights to custody, the family's spokesman said.
Londell McMillan, the Jacksons' attorney, said the family hasn't heard from Deborah Rowe, the mother of Jackson's two oldest children, about custody.
"I don't think there will be anybody who thinks that there is someone better" than Katherine Jackson to have custody, McMillan said Monday on NBC's "Today" show. "She is a very loving host of other grandchildren."
Jackson left behind three children: Michael Joseph Jackson Jr., known as Prince Michael, 12; Paris Michael Katherine Jackson, 11; and Prince Michael II, 7. The youngest son was born to a surrogate mother.
Given the secrecy surrounding Michael Jackson's children throughout his life, it's no surprise that there are lingering questions about who will care for them. What is almost certain is this: Their fate will be decided in a courtroom.
Experts say the person who has the strongest legal claim to Jackson's two oldest children is Rowe. As for the youngest child, Jackson's wishes will be more influential. It remains unclear who Jackson designated as potential guardians for his children. Those details — likely contained in the 50-year-old singer's will — have not been released.
Rowe's attorney, Marta Almli, wrote in a statement Saturday that "Ms. Rowe's only thoughts at this time have been regarding the devastating loss Michael's family has suffered. Ms. Rowe requests that Michael's family, and particularly the children, be spared such harmful, sensationalist speculation and that they be able to say goodbye to their loved one in peace."
Jackson's manager, Frank DiLeo, said on ABC's "Good Morning America" that he was the one who told the children their father had died.
"They knew when I came into the room," he said. "I'm sure they just saw it on my face. They said, `say it's not true,' and I just said, `I'm sorry.'"
Jackson never told his family who he had in place to handle his business affairs, a person close to the family told The Associated Press on Friday. The person, who requested anonymity because of the delicate nature of the situation, said they were told by the singer's phalanx of advisers that he likely had a will, but it may be many years old.
Prince Michael II's mother has never been identified, and while she may surface, it is likely that she signed away her rights, said Stacy Phillips, a Los Angeles divorce attorney who has represented numerous high-profile clients.
Jackson was by several accounts an attentive and loving father.
"He was a great father," said Raymone Bain, Jackson's former publicist and general manager. "Those kids knew three and four languages. Even the little one. They were well mannered and sweet. I can't imagine these children without him."
He was extremely protective of his children, who weren't often seen in public, and were photographed wearing veils, masks or other items covering their faces when they were.
Rowe, a former nurse for Jackson's dermatologist, married Jackson in 1996 but filed for divorce in 1999. She later gave up her custody rights to the children, but petitioned to have those rights restored in 2003 after Jackson was arrested on child molestation charges, and an appeals court sided with her.
Jackson and Rowe apparently agreed in 2006 regarding her rights, but the terms have never been disclosed. The couple's divorce case that was heard in Los Angeles Superior Court remains closed.
Phillips said if her parental rights remain intact, she's presumed to be first in line to receive custody of her two children. "That could still be contested," she added.
Rowe would have to undergo an evaluation by the court to determine if she's the best person to care for Jackson's children. So, too, would anyone else who applies to become the children's guardian — some of whom may have Jackson's blessing.
"If he did indicate a preference, that will be given great weight, but that will not be determinative," said Los Angeles attorney Gloria Allred. "Children are not property, they cannot be willed to another person."
Allred agreed that Rowe has better legal standing than others who apply for custody of Jackson's eldest children. "She's definitely going to have an advantage."
But judges in California often take into account who is left in the children's lives with a strong bond, said Charlotte Goldberg, a family law professor at Loyola Law School in Los Angeles.
"It's really a balance between continuity and stability and a biological relationship," Goldberg said.
A judge deciding the matter may even seek input in chambers from Jackson's children about who they feel comfortable with, she said.
But a court will also take into account with whom the children have a relationship bond, and that may not work in Rowe's favor. She wrote in a 2001 petition to sever her parental rights that she thought Jackson was doing a good parenting job.
"Michael has been a wonderful father to the children, and I do not wish to share any parenting responsibilities with Michael because he is doing so well without me," Rowe wrote. She also indicated in court filings during the 2006 custody struggle that she had not seen the children since 2005, shortly after his trial ended in acquittal on all charges and Jackson moved the children overseas.
It is unclear how often Rowe has seen the children since Jackson returned to the Los Angeles area in recent months to prepare for a 50-show concert engagement in London. It is also unclear what role the children's godfather, British child actor Mark Lester, may play in the proceedings.
Whoever wins custody of Jackson's children won't automatically gain control of their inheritance, Phillips said.
"For many people, the person or persons who are taking care of their kids are not necessarily taking care of their money," Phillips said. "There's a benefit to that — a sort of a check-and-balance."
Rowe, or whoever is designated the children's guardian, will receive payments based on Jackson's estate, Phillips said.
More clarity about the fate of Jackson's children will likely come once court proceedings start.
Phillips said the custody issue will now be handled by a probate court. If it is filed at Los Angeles' main downtown courthouse, Phillips said it will be handled by judges with significant family law experience.
Phillips said the looming custody fight could be unlike any other.
"In all the cases I've read all over the country," she said, "I've never seen a fact pattern like this."
Showing posts with label hollywood. Show all posts
Showing posts with label hollywood. Show all posts
Thursday, July 2, 2009
Jackson ex-wife shows interest in custody of kids
By ANTHONY MCCARTNEY
AP Entertainment Writer Anthony Mccartney
Ap Entertainment Writer
LOS ANGELES – The future of Michael Jackson's children was thrown into question Thursday when his ex-wife emerged and won a delay in a custody hearing while she decides whether she wants to raise her two offspring.
It was the first legal move from Deborah Rowe since the entertainer's death. Jackson's will asks for his mother, Katherine, to get permanent custody of all three of his children.
Rowe, who met Jackson as a receptionist in the office of his dermatologist, has characterized their relationship as strictly for the purpose of birthing Jackson children. She is the mother of his two oldest children and received $8.5 million in their divorce, according to court records. His youngest child was conceived with a surrogate.
She has spent very little time with her son Michael Joseph Jr., known as Prince Michael, 12; and daughter Paris Michael Katherine, 11. But Rowe also has opposed the idea of Katherine Jackson getting custody of her children when it came up in the past.
Rowe's attorney, Eric M. George, said Thursday she had not decided whether to seek custody.
Superior Court Judge Mitchell Beckloff rescheduled a guardianship hearing for July 13 at the request of attorneys for Rowe and for Katherine Jackson, 79, who has temporary guardianship of her son's children.
The identity of the surrogate mother of the singer's youngest child, 7-year-old son Prince Michael II, has never been revealed.
Jackson's public memorial was set for 10 a.m. Tuesday at the Staples Center in downtown Los Angeles, according to a press release from the office of the Jackson family's publicist.
Randy Phillips, chief executive of AEG Live, which owns the Staples Center and was Jackson's promoter, said tickets would be free. He was not sure how they would be distributed.
But Los Angeles City Councilman Dennis Zine said the Jackson family should consider delaying the public memorial to allow more time to plan. He also said the cash-strapped city doesn't have the money to pay police overtime.
"If you can imagine 100,000 people show up and you have 20,000 capacity (at the Staples Center), there is not sufficient room. Now you have a crowd-control problem," he said. With the July Fourth holiday weekend "it's the worst time ... to work something out."
Another court hearing will proceed as planned Monday on who will take temporary control of Jackson's estate. He left all his assets to the Michael Jackson Family Trust.
A person familiar with the details of the trust said it would be shared between his mother, who gets 40 percent, his three children, who together get 40 percent, and charities for children, which would receive 20 percent. The charities will be determined later by the trust.
The person was not authorized to speak publicly and requested anonymity.
Authorities also were investigating allegations that the 50-year-old Jackson had been consuming painkillers, sedatives and antidepressants.
California Attorney General Jerry Brown said his office was helping Los Angeles police investigate the possible involvement of prescription drugs in Jackson's death.
His Bureau of Narcotic Enforcement is searching a state database that tracks doctors who prescribe controlled substances, how much and to whom.
The federal Drug Enforcement Administration also has joined the investigation. The Los Angeles Police Department asked the DEA to help, a law enforcement official in Washington told the AP on condition of anonymity because of the investigation's sensitivity.
In an interview on NBC's "Today" show, Jackson's brother Jermaine said he would be "hurt" if toxicology reports showed his younger brother abused prescription drugs.
"In this business, the pressures and things that you go through, you never know what one turns to," he said.
___
AP writers Michael R. Blood, Beth Harris in Los Angeles; Michele Salcedo in Washington; contributed to this story.
AP Entertainment Writer Anthony Mccartney
Ap Entertainment Writer
LOS ANGELES – The future of Michael Jackson's children was thrown into question Thursday when his ex-wife emerged and won a delay in a custody hearing while she decides whether she wants to raise her two offspring.
It was the first legal move from Deborah Rowe since the entertainer's death. Jackson's will asks for his mother, Katherine, to get permanent custody of all three of his children.
Rowe, who met Jackson as a receptionist in the office of his dermatologist, has characterized their relationship as strictly for the purpose of birthing Jackson children. She is the mother of his two oldest children and received $8.5 million in their divorce, according to court records. His youngest child was conceived with a surrogate.
She has spent very little time with her son Michael Joseph Jr., known as Prince Michael, 12; and daughter Paris Michael Katherine, 11. But Rowe also has opposed the idea of Katherine Jackson getting custody of her children when it came up in the past.
Rowe's attorney, Eric M. George, said Thursday she had not decided whether to seek custody.
Superior Court Judge Mitchell Beckloff rescheduled a guardianship hearing for July 13 at the request of attorneys for Rowe and for Katherine Jackson, 79, who has temporary guardianship of her son's children.
The identity of the surrogate mother of the singer's youngest child, 7-year-old son Prince Michael II, has never been revealed.
Jackson's public memorial was set for 10 a.m. Tuesday at the Staples Center in downtown Los Angeles, according to a press release from the office of the Jackson family's publicist.
Randy Phillips, chief executive of AEG Live, which owns the Staples Center and was Jackson's promoter, said tickets would be free. He was not sure how they would be distributed.
But Los Angeles City Councilman Dennis Zine said the Jackson family should consider delaying the public memorial to allow more time to plan. He also said the cash-strapped city doesn't have the money to pay police overtime.
"If you can imagine 100,000 people show up and you have 20,000 capacity (at the Staples Center), there is not sufficient room. Now you have a crowd-control problem," he said. With the July Fourth holiday weekend "it's the worst time ... to work something out."
Another court hearing will proceed as planned Monday on who will take temporary control of Jackson's estate. He left all his assets to the Michael Jackson Family Trust.
A person familiar with the details of the trust said it would be shared between his mother, who gets 40 percent, his three children, who together get 40 percent, and charities for children, which would receive 20 percent. The charities will be determined later by the trust.
The person was not authorized to speak publicly and requested anonymity.
Authorities also were investigating allegations that the 50-year-old Jackson had been consuming painkillers, sedatives and antidepressants.
California Attorney General Jerry Brown said his office was helping Los Angeles police investigate the possible involvement of prescription drugs in Jackson's death.
His Bureau of Narcotic Enforcement is searching a state database that tracks doctors who prescribe controlled substances, how much and to whom.
The federal Drug Enforcement Administration also has joined the investigation. The Los Angeles Police Department asked the DEA to help, a law enforcement official in Washington told the AP on condition of anonymity because of the investigation's sensitivity.
In an interview on NBC's "Today" show, Jackson's brother Jermaine said he would be "hurt" if toxicology reports showed his younger brother abused prescription drugs.
"In this business, the pressures and things that you go through, you never know what one turns to," he said.
___
AP writers Michael R. Blood, Beth Harris in Los Angeles; Michele Salcedo in Washington; contributed to this story.
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