Who is Going to Get Custody of Michael Jackson’s Kids?
As with practically everything associated with Jackson’s life, the answer to this question is uncertain. On one hand there is a will designating two possible guardians. On the other hand, there is a woman claiming to be the biological mother of the two older kids.
In a will dated July 7, 2002, Jackson designated his mother Katherine Jackson the guardian of his children in case of his death. He also expressed that in case his mother predeceased him or if she became unable or unwilling, the singer Diana Ross would be the guardian. News reports say that Debbie Rowe, the woman to which Jackson was married for three years when his two older kids were born, is going to seek custody of her children. One Los Angeles news station claims Rowe even offered to submit to a DNA test to prove that she is the biological mother. Other news reports deny this. However, the guardianship hearing set for July 6 has been delayed to July 13, allegedly at the request of Rowe’s attorneys.
Custody courts tend to favor a biological parent over a grandparent when deciding child custody disputes. However, Rowe voluntarily surrendered her maternal rights in an out-of-court settlement signed in 2006. It has been reported that Rowe obtained certain visitation rights and that she has been relating to the two older children for the last three years. Nothing is known publicly about how Rowe has related to the children. And, if that is true, why would she be offering to submit herself to a DNA test if her maternity has already been recognized?
It will not be surprising if she decides to pursue custody of these children. In that case Rowe will have to contest Jackson’s will designating the grandmother Katherine as guardian, and secondly, she will have to revoke the relinquishment of her maternal rights. Contesting the will and revoking her relinquishment are both extremely difficult things to do. To move a court to declare Jackson’s will invalid, Rowe will have to prove that Jackson wasn’t in his sound mind when he executed the document.
To revoke her relinquishment of her maternal rights she will have to prove that she wasn’t in her sound mind when she signed the document. The revocation of a paternal rights relinquishment is something that the law allows, but only in very extraordinary circumstances. The few cases in which the courts have allowed this, after the 30 day time period the law permits after the resignation, is when the use of violence, duress or mind altering substances has proven to be the reason why the parent “consented” to surrender his or her rights. In any case, the court considering this case, like in any other child custody battle will have to determine what would be in the children’s best interests when making the final decision.
Jackson’s two older children, Michael Joseph, 12, and Paris Michael Katherine, 11 were born at the time of his marriage to Debbie Rowe. A third boy, Prince Michael Joseph, 7, was born of a surrogate mother who has never been identified and later adopted by Jackson. There is no dispute regarding the custody of the younger boy.
