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.

Settlement achieved

It has been reported all over the news the Katherine Jackson, mother of the late Michael Jackson, and Debbie Rowe, mother of 2 of Michael Jackson’s 3 minor children, have reached an agreement regarding custody of Prince Michael I and Paris. The children will remain in the custody of their grandmother Katherine. With the assistance of a child psychologist to be paid for by Mrs. Jackson and Miss Rowe, the two older children will gradually be reintroduced to their biological mother. Arrangements whereby children are reintroduced over a period of time to a biological parent with the assistance of a mental health professional are not uncommon. The children will learn over time who this person is who (their biological mother). Eventually, they may spend time with her outside a therapeutic setting. The important thing to keep in mind is that, in most instances, including this one, the mental health professional is there not because the parent is a danger to the children, but because the children have had little to no dealings with this person for quite a long time. I suspect that these children will also need to get adjusted to something closer to a normal childhood – no more 3 am trips to the toy store.

The Jackson Custody matter continues

According to this Time magazine article. the father of late pop icon Michael Jackson, Joe Jackson, may be throwing his hat in the custody battle for Prince, Prince II and Paris. It is not uncommon for grandparents to seek custody of children when a parent has died. In fact some states have statutes that allow for grandparents to seek custody rights (Pennsylvania does). The twist in all this is the reported statement that Joe Jackson and his wife Katherine are estranged.

If Joe and Katherine Jackson are not living together, it may be difficult for a court to decide that they be given custody of the children. Will they be presenting a united front representing that they are living together in a happy marriage? Will Joe’s claim be opposed by Katherine? Only time will tell as this case develops.

Another non-surprise regarding Michael Jackson’s estate

According to this article, the AP is reporting that Michael Jackson did not include his ex-wife Debbie Rowe in his will. From what I understand, Ms. Rowe was married to Jackson from 1996 to 1999 and the will was prepared in 2002 – 3 years later. As a divorce lawyer, it does not shock me that Jackson did not include his ex-wife Rowe in his will. No matter how amicable a divorce may be, ex-husband usually does not include ex-wife in the will. All too often, however, one spouse forgets to amend his or her will after the divorce to remove any provisions devising any portion of the decedent’s estate to the ex-spouse. The law of the state where the decedent’s will is probated will determine whether the ex-spouse receives anything from the estate. However, from what little I remember from Trusts and Estates Law from law school, if Jackson had no will, his ex-wife could not try to take against the will. Such a right is reserved to a spouse and other immediate family members.

It should also be noted that he did not include his ex-wife Lisa Marie Presley in the will either.

Weighing in on a “Michael Jackson” issue…

Although I do not have any experience in the areas of estate planning or probate, it did not shock me when I heard that Michael Jackson’s 2002 will did not include a provision for his father.   I say that because, I would expect, that Mr. Jackson expected his father to predecease him when he wrote his will in 2002.

For more information, please read this article from the Wall Street Journal