Michael Jackson's Children still in play?

Well, back to the guardianship issue, it seems.

FIRST, it is reported that Debbie Rowe has not decided whether she will or will not challenge custody of Prince Michael and Paris, her 2 children with Michael Jackson. However the permenant guardianship hearing has been delayed a week until July 14th. This may give the parties time to reach an agreement if in fact there is a dispute.

SECOND, though the will names Katherine Jackson as guardian, Debbie Rowe's parental rights were not severed by the courts. Unless a parent is determined to be "unfit" custody by the biological parent is favored by the courts under normal circumstances. This is anything but normal circumstances.

THIRD, the courts also favor keeping siblings/families together. Debbie Rowe would have no legal rights to Prince Michael II. As reported, Princed Michael II's mother was a surrogate.

FOURTH, though the law is well settled on the rigthts of biological parents and adoptive parents, the rights of surrogates or sperm donors are less clear. Many issues in this area have not been explored by the courts. Will this case serve as that opportunity to explore issues in this area? Only time will tell and I will be providing my estate planning insights.

What more could Michael Jackson have done to secure the future of his children upon his death? This and other questions will be explored in the days to come. We want to hear from you. Leave your comments here or contact us at www.ythlaw.com

Michael Jackson - Who has rights to his Children

It has only be 2 days since Michael Jackson's death and the speculations continue regarding all aspects of his estate. Take his children for instance. Until a copy of Michael Jackson's will is release, we can only wonder what his intentions were. However, even if he covers it in his will, there still might be a challenge to his decision regarding his children.

Today, I want to speak on the 2 children, Prince Michael and Paris, whose mother Debbie Rowe had been divorced from Michael Jackson since 1999. It is not clear whether she gave up parental rights to her children though Michael had full custoday under an agreement. The reports state that the children are currently with their nanny and their grandmother (Michael's mother) is in line to take care of them.

Well, it is my opinion that it will not be clear cut at all. If the will provides for a guardian and it is not their mother, she may challenge the will or just assert her parental rights which would supercede the will. She is the mother and she has been involved in their life, as so reported. If she gave up parental rights, then under what circumstances and have those circumstances now changed with his death. The legal battle would surround the terms of the (1) will, (2) the divorce decree and any settlement made with the court and, (3) the agreement referred to that was made between Michael Jackson and Debbie Rowe outside of the purview of the court. All of this will be viewed with what would be in the best interest of the children: to be with their mother; to be with their grandmother; to be with another relative; or some other option that I can not even imagine at this time. The children, 11 and 12, are old enough for the judge to even ask what their preference might be. So, we have only just begun!!!

I will talk about the third child, Prince Michael II who is 7 tomorrow. His circumstances are different and require a different approach.

Your comments are welcome or contact us at http://www.ythlaw.com/