Child Custody & Visitation Blog

The judge leading the guardianship hearing regarding Michael Jackson’s children, scheduled to take place on Monday, July 13 will definitely have a rough time unraveling the child custody legal mess left behind after the singer’s sudden death on June 25, 2009.

According to a 7 year old will, Jackson designated his mother Katherine Jackson 79, the children’s legal guardian after his death. He also provided for a second alternative, singer Diana Ross in case his mother failed to survive him or became unable or unwilling to act as a guardian. KNBC in Los Angeles reported last week that the children’s biological mother, Debbie Rowe, would seek custody of her two children and a restraining order to keep Jackson’s father, Joe away from them. But, what rights if any does Rowe have on these kids?

Debbie Rowe and Michael Jackson got married in 1996. Three years later they were divorced. During that marriage Jackson’s two older kids were born: Michael Joseph Jr. 12, and daughter Paris Michael Katherine, 11. A third boy named Prince Michael Joseph, 7, was adopted by Jackson from a surrogate mother who has never been identified.

Custody of Jackson’s two older kids can turn into a bitter war if Rowe decides to pursue custody of them. While Jackson’s will is clear, it is still uncertain if his testament is valid or not. It has been only a week since the will was presented to the court for probate. If the will is determined to be invalid, or if there is a more recent will, a Pandora’s Box will be opened, and the road will be free for Rowe to pursue her plans.

Grandmother Katherine’s guardianship rights are subject also to the court’s approval.  Normally, courts do not assign custody to grandparents if a biological parent is available and willing to take custody of the children.  Now, the problem here is that supposedly Rowe voluntary surrendered her maternal rights in an out-of-court settlement subscribed with Jackson in 2006. Can Rowe change her mind and have her kids back now?

It is extremely difficult to overturn a voluntary relinquishment of paternal rights. That is the legal term for a parent to surrender his or her rights over a child.  Although California law recognizes a small window of opportunity to revoke a voluntary relinquishment, the window is very small (30 days) and it is way past due now. The law recognizes only a few extraordinary instances in which a biological parent can revoke the voluntary relinquishment of his or her parental rights after this time frame. These are the cases in which the consent wasn’t given voluntarily like in the case of use of force, or any other illegal means to obtain the parent’s consent, such as duress or using mind altering substances.

Like everything associated with Jackson, it is very difficult to predict an outcome in this situation because anything can happen. Hopefully this custody battle will have a happy ending.