Jackson Mom Wants to Be Kids' Guardian
PopEater / Wire Services
Guardianship papers for Michael Jackson's children have been filed, and Katherine Jackson -- the matriarch of the Jackson family -- wants to continue caring for the King of Pop's three children.
In the papers filed on Monday, Katherine says that she is currently caring for Jackson's three children: 'Prince' Michael Joseph (12), Paris Michael Katherine (11) and Prince Michael II (7). Katherine is also petitioning to take over the children's estate, which has an "unknown" value in the papers.
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Splash News / Bauer Griffin
(L-R) Paris Michael, 11, Prince Michael Jr., 12, and Prince Michael II, 7, known as Blanket
According to TMZ, a judge has granted Katherine temporary guardianship of the children and there will be a hearing about the matter on Monday.
During a press conference on Monday, Joe Jackson explained why they're seeking guardianship of the children. "We're the parents. This is where they belong. We're going to take care of them and give them the education they're supposed to have."
Jackson went on to add that "Debbie Rowe has nothing to do with what we're doing," referencing the biological mother of the children.
Skip over this contentThe filing lists the children as living at the Jacksons' familycompound in the San Fernando Valley, northwest of Los Angeles.
"Minor children are currently residing with paternalgrandmother," the filing states in an explanation of why KatherineJackson should be appointed guardian. "They have a longestablished relationship with paternal grandmother and arecomfortable in her care."
The filings provide no other declarations by Katherine Jackson,nor do they state whether Michael Jackson left a will.
The filings note that Deborah Rowe is the mother of theJackson's two eldest children, but list her whereabouts as"unknown." An e-mail message sent to Rowe's attorney seekingcomment wasn't immediately returned Monday morning.
For Michael Jackson's third child, nicknamed as Blanket, thefiling states "None" for the mother.
Skip over this contentLondell McMillan, the Jacksons' attorney, said the family hasn'theard from Deborah Rowe, the mother of Jackson's two oldestchildren, about custody.
"I don't think there will be anybody who thinks that there issomeone better" than Katherine Jackson to have custody, McMillansaid Monday on NBC's "Today" show. "She is a very loving host ofother grandchildren."
McMillan also said on the "Today" show that the family was"quite clearly troubled" about the circumstances surrounding thedeath, given that Jackson had appeared healthy enough to berehearsing for his upcoming concerts in London.
Asked whether the family suspected foul play, McMillan saidthose words were "too strong an indictment."
Edward Chernoff, a lawyer for Michael Jackson's doctor, Dr.Conrad Murray, said in an interview Sunday with The AssociatedPress that Jackson still had a faint pulse and a warm body whenMurray found him in bed and not breathing Thursday afternoon.
Chernoff said Murray was at the pop icon's rented mansion whenhe discovered Jackson. The doctor immediately began administeringCPR, Chernoff said.
"He just happened to find him in his bed, and he wasn'tbreathing," the lawyer said. "Mr. Jackson was still warm and hada pulse."
Chernoff said his client never gave or prescribed Jackson thepainkillers Demerol or OxyContin, and denied reports suggestingthat the doctor gave the pop star drugs that contributed to hisdeath.
Chernoff said any drugs that Murray gave Jackson were prescribedin response to a specific complaint from Jackson.
"Dr. Murray has never prescribed nor administered Demerol toMichael Jackson," Chernoff said. "Not ever. Not that day. ... NotOxycontin (either) for that matter."
Los Angeles County coroner's officials said their autopsy foundno indication of trauma or foul play. But because of additionaltests, an official cause of death could take weeks to determine.Jackson's family has requested a private autopsy.
Chernoff said Monday on the "Today" show that once the fullinvestigation is complete, he expected Murray would be exonerated.
There was no word from the family on funeral plans. Many ofJackson's relatives have gathered at the family's Encino compound,caring there for Jackson's three children.
Given the secrecy surrounding Jackson's children throughout hislife, it's no surprise that there are lingering questions about whowill care for them. What is almost certain is this: Their fate willbe decided in a courtroom.
Experts say the person who has the strongest legal claim toJackson's two oldest children is Rowe. As for the youngest child,Jackson's wishes will be more influential. It remains unclear whoJackson designated as potential guardians for his children. Thosedetails - likely contained in the 50-year-old singer's will - havenot been released.
Rowe's attorney, Marta Almli, wrote in a statement Saturday that"Ms. Rowe's only thoughts at this time have been regarding thedevastating loss Michael's family has suffered. Ms. Rowe requeststhat Michael's family, and particularly the children, be sparedsuch harmful, sensationalist speculation and that they be able tosay goodbye to their loved one in peace."
Jackson never told his family who he had in place to handle hisbusiness affairs, a person close to the family told The AssociatedPress on Friday. The person, who requested anonymity because of thedelicate nature of the situation, said they were told by thesinger's phalanx of advisers that he likely had a will, but it maybe many years old.
Prince Michael II's mother has never been identified, and whileshe may surface, it is likely that she signed away her rights, saidStacy Phillips, a Los Angeles divorce attorney who has representednumerous high-profile clients.
Rowe, a former nurse for Jackson's dermatologist, marriedJackson in 1996 but filed for divorce in 1999. She later gave upher custody rights to the children, but petitioned to have thoserights restored in 2003 after Jackson was arrested on childmolestation charges, and an appeals court sided with her.
Jackson and Rowe apparently agreed in 2006 regarding her rights,but the terms have never been disclosed. The couple's divorce casethat was heard in Los Angeles Superior Court remains closed.
Phillips said if her parental rights remain intact, she'spresumed to be first in line to receive custody of her twochildren. "That could still be contested," she added.
Rowe would have to undergo an evaluation by the court todetermine if she's the best person to care for Jackson's children.So, too, would anyone else who applies to become the children'sguardian - some of whom may have Jackson's blessing.
"If he did indicate a preference, that will be given greatweight, but that will not be determinative," said Los Angelesattorney Gloria Allred. "Children are not property, they cannot bewilled to another person."
Allred agreed that Rowe has better legal standing than otherswho apply for custody of Jackson's eldest children. "She'sdefinitely going to have an advantage."
But judges in California often take into account who is left inthe children's lives with a strong bond, said Charlotte Goldberg, afamily law professor at Loyola Law School in Los Angeles.
"It's really a balance between continuity and stability and abiological relationship," Goldberg said.
A judge deciding the matter may even seek input in chambers fromJackson's children about who they feel comfortable with, she said.
But a court will also take into account with whom the childrenhave a relationship bond, and that may not work in Rowe's favor.She wrote in a 2001 petition to sever her parental rights that shethought Jackson was doing a good parenting job.
"Michael has been a wonderful father to the children, and I donot wish to share any parenting responsibilities with Michaelbecause he is doing so well without me," Rowe wrote. She alsoindicated in court filings during the 2006 custody struggle thatshe had not seen the children since 2005, shortly after his trialended in acquittal on all charges and Jackson moved the childrenoverseas.
Whoever wins custody of Jackson's children won't automaticallygain control of their inheritance, Phillips said.
"For many people, the person or persons who are taking care oftheir kids are not necessarily taking care of their money,"Phillips said. "There's a benefit to that - a sort of acheck-and-balance."
Rowe, or whoever is designated the children's guardian, willreceive payments based on Jackson's estate, Phillips said.
More clarity about the fate of Jackson's children will likelycome once court proceedings start.
Phillips said the looming custody fight could be unlike anyother.
"In all the cases I've read all over the country," she said,"I've never seen a fact pattern like this."
Associated Press writers contributing to this report includeSpecial Correspondent Linda Deutsch; AP writers Sophia Tareen inChicago, Juan A. Lozano in Houston, David Bauder in New York andNekesa Mumbi Moody, Gillian Flaccus, Brooke Donald, Beth Harris andMike Blood in Los Angeles.
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2009-06-29 12:38:32
