2011年4月14日 星期四

Upcoming child custody battle, Michael Jackson's child gives insight in sensitive issues


When Michael Jackson unexpectedly passed away last week, was stunned the world of fifty years old entertainer who left an indelible mark on pop culture death. He was preparing a world tour which was advertised as his fans last chance to see the King of Pop to perform on stage. Whether motivated by a desire to sing again or of undoubted financial problems, hands never tour which would have resulted in hundreds of thousands to stadiums. Together with his great legacy of music and an ordered legal history leaves Michael Jackson also behind countless questions about his unusual personality and life. What exactly was the cause of his death? An official statement from the doctor has been postponed pending toxicology reports, but rumors are rampant on his abuse of prescription drugs and the courts want the opportunity to speak with his various doctors. We will now learn more about plastic surgery and other changes that he chose to endure? Finally, there is an issue which is likely to be answered in a California courtroom in the weeks and months to come. What is to become of Michael Jackson's children? In the midst of all the chaos and the media frenzy, I hope we remember all those three innocent participants in drama in the family.

Michael Jackson leaves behind three children whose new home is still identified as Prince Michael, age 12, Paris Katherine, age eleven, and Prince Michael II (also known as blanket), age seven. The first two children are the product of his marriage to the former nurse of Mr. Jackson's dermatologist, Debbie Rowe, which lasted from 1996 to 1999. Deborah Rowe originally gave up all custody rights when the two ends their marriage, but successfully appealed to have their rights restored following Jackson's arrest child molestation charges in 2003. The youngest boy was born to a surrogate mother have never been identified. In reality, official documentation "none" in the space provided for the birth mother. So, the California courts are left with two birth mothers who have had little or no contact with their children. What are the possible options at this point?

California law consider several issues when child custody case, with the indicative factor "lower the child's best interest" as the dominant influence in such decisions. First examine courts the best environment for a child's safety, health and well-being. They seek also a history of physical abuse or violent crimes committed by any of the parties to try to break into custody. Stability and continuity in an environment that is critical for the Court. Children need to bonds and patterns with the person who is considered to be the primary caretaker. Unless there are circumstances that require otherwise, such as specialized health or educational needs, made every effort to keep siblings living together. Finally, the Court must give "due weight" children in this difficult situation, provided that their age and reasoning ability wish to allow them to express such an attitude.

Earlier this week, was granted to Michael Jackson's mother, Katherine Jackson, temporary guardianship of all three children. In a will written by Michael Jackson in 2002 and was released the day after Mrs. Jackson received temporary custody, showed that this placement was the courts in accordance with Jackson's last wishes. However, Mr. Jackson is not necessarily the last word on where his children will live until they reach adulthood. Well-known celebrity lawyer Gloria Allred said about the situation, "" indicates a setting that will be given much importance, but which will not be decisive. Children are not property, can not be into a different person. " Katherine Jackson is, however, so far only possible guardians who have expressed a genuine and definitive interest for the care of children. She has a long-term relationship with all three of the children and is surrounded by other grandchildren of Jackson. This environment can prove to be the most stable and loving for Prince, Paris and Prince Michael II. Charlotte Goldberg, family law professor at Loyola Law School in Los Angeles, said that in all child custody cases, "it really is a balance between continuity and stability and a biological relationship."

Where leaving Debbie Rowe in the current situation? Experts believe that she has the strongest legal claim to the two oldest children, if she would choose to claim his parental rights. When this article is written, Ms. Rowe only asked for and won a delay in the upcoming custody hearing as she decides whether she wants to exercise their rights to raise their two children. This legal step today was the first message that Ms. Rowe has offered since Michael Jackson's death a week ago. If she decides to move himself in front of the line of custody, which would likely be would her legal prerogatives, Ms. Rowe have to undergo an assessment by the Court to determine whether she is the best person to take care of the children.

If a celebrity or someone who has never found himself on the cover of a tabloid magazine, the emotional issues with is child custody situations are always difficult. It should above all wish that the courts and all interested parties to make decisions in the best interests of children. Where the children feel most secure and most beloved while working through a painful life transition? Surrounded by the best support when you need extra help with children? Who can provide the most stable financial support? If you are seeking custody of the precious children in your life whose circumstances change reasons ranging from divorce to death, you should seek the help of a family law lawyer who has the necessary experience to be sensitive to the heightened emotions involved. If you happen to also be in the public eye, you will find legal representation which gives knowledge about how to navigate through celebrity magnified rights issues. It can be difficult to focus on these practical requirements when you get stuck with tending to a family in pain, will make these decisions early do to a simpler way forward.








Tony r. Bertolino distilleries is a partner managing the Bertolino distilleries LLP, a law firm with offices in Austin, Houston and San Antonio. Bertolino distilleries LLP has lawyers practising in the areas of family law and celebrity team. For more information about how the Bertolino distilleries LLP can help you with your legal needs, visit the Web site.


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