Katherine Jackson obtains custody of Michael Jackson’s three children

It was previously reported that Katherine Jackson, the mother of the late Michael Jackson, had reached an agreement with Debbie Rowe concerning the time Ms. Rowe would spend with Paris and Prince Michael. In accordance with Michael Jackson’s will, his mother Katherine
has officially become the guardian of all three of the minor children.

While this news may not have shocked many people, what was interesting was that it was also reported that, in a surprise move, Michael Jackson’s long time dermatologist, Arnold Klein, filed a motion objecting to the appointment of Katherine Jackson as the children’s guardian. It had been long rumored that Dr. Klein was the actual biological father of Prince Michael I and Paris.

According to the news report, Klein did not allege that he was a biological parent as a basis for his claim. Rather is was premised on his affection for the children and promises that he claimed to have made to Michael while he was alive. Despite Klein’s arguments, the judge concluded that he did not have legal standing to challenge the appointment of Katherine Jackson as the guardian.

Standing is a legal concept regarding who can bring a case or participate in a case. In order to be one of the parties to any litigation, you need to have standing. In custody matters (and in guardianship cases), biological parents have standing. Katherine Jackson had standing because she was named as the guardian. If this were a custody case, if California allowed grandparents standing, either by statute or by case decision, then she would have been able to proceed. Pennsylvania law affords grandparents standing in custody cases in limited situations.

Other people, regardless of their relationship with the child, under Pennsylvania law, would have standing if they were in loco parentis to the child, the person needs to have been serving as the child’s parent although that person legally was not. Based on what little information that has been reported, Dr. Klein probably would not have had in loco parentis for a custody case. However, Pennsylvania law does allow third parties standing in dependency cases to allege that the children are not being properly cared for. If California law is like Pennsylvania law, at some point in the future, if Dr. Klein suspects that the children are being abused or neglected by Katherine Jackson, he may have standing to challenge her role in the lives of the children. Until that time, he has no standing.