Michael Jackson's death: Will Debbie Rowe get custody of two kids?

Michael Jackson’s former wife, Debbie Rowe, is most likely to receive custody of the two children she bore when she was married to the late pop star, legal experts said today.

Although Rowe initially waived parental rights to the children, she later changed her mind, and an appeals court ruled she was the legal mother of Prince Michael Jr. and Paris Michael Katherine.

“When a child has two legal parents and one of them dies, the other takes custody,” said USC law professor Scott Altman.

To gain custody, other family members or individuals designated in Jackson's will as guardians would have to show that giving custody to Rowe would harm the children, Altman said. Such a decision might depend on the amount of contact she has had with them, he said.

A legal fight over Jackson’s children “seems almost inevitable,” Altman said. “It is very hard to reach amicable agreements over child custody in circumstances like that.”

UCLA law professor Grace Blumberg said she also expects Rowe to obtain custody of the elder children, even if Jackson designated another guardian in his will.

Blumberg said the surrogate mother of the youngest child, Prince Michael II, also might come forward to try to obtain custody of that child. If the surrogate mother lived in Europe when the child was born, European laws would apply, Blumberg said. She said many European countries do not recognize surrogate arrangements.

Iris Finsilver, a lawyer who represented Rowe in the custody case with Jackson, told the Associated Press that Rowe was inconsolable over Jackson’s death. The attorney said she had no doubt Rowe would seek custody.

Finsilver and lawyers for Jackson could not be reached for comment.

--Maura Dolan

Comments

[Len]

How about Kate and Jon taking the kids?

[So long]

She should have taken custody of the children a long time ago!

My heart goes out to his family. I will miss reading about his plastic surgeries, skin whitenings, accusations of child molestation, off-the-wall antics, and delusions of grandeur. He was not a person with whom I would ever desire to spend time, but his music sure was tops. They say "madness gives birth to genus" and Jackson was proof positive of this.

[Boraxo]

Great, a woman who basically sold her kids and for quite some time showed zero interest in even having them know her will end up raising them. How sad for these kids. You know when they become adults at least the two older ones will have some stories to tell.

[Spreadsheet]

At least show some respect and decency when a person passes away. May his soul rest in peace.

[yvonne]

Can I just say that I am sick of the comments made about Micheal Jackson concerning his so called sexual encounters with children. Are we not forgetting something here MJ was never found guilty by a court of law for any of these allegations. Also the parents of the concerned received very large sums of money and proves that they had taken advantage of MJ's friendliness and caring nature towards children and were just in it for the money! There was never enough evidence only allegations that could not be proved! For gods sake leave this legend of pop alone! He was a top man and will be missed!

[Spreadsheet]

This is in response to "So Longs" comment:

At least show some respect and decency when a person passes away.
May his soul rest in peace.

[Democracy4 IRAN]

Just like ppl get hooked on tatting up their body & waltzing around looking like a retarded walking comic-book, ppl get hooked on plastic surgery. Sadly, when u have $$ to burn it comes w/ the territory. It's called "addictive behaviour" and most of us are addicted to s-o-m-e-t-h-i-n-g, or have been.

[Melinda]

I agree 100% with Yvonne - the only thing MJ was guilty of was being preyed upon by money-grubbing pondscum - God rest his soul and for those of you who are so evil to bash him, I wouldn't want your karma. He will be sorely missed. God bless his children and famly - this was a great loss for the music industry.

[Carol]

This article was about his kids. If they aren't already hopelessly screwed up, they will be after the custody battles begin.

Some kind judge needs to allow a functional, middle class family with no celebrity ties adopt them. Poor children.

[Lynn]

I disagree that any European county will have a hand in the custody of Michael Jackson's child conceived by surrogacy.
Custody of a child, between Europe and the U.S. (in this instance, California) will fall under the ambit of the UCCJEA - Uniform Child Custody Jurisdiction Enforcement Act. That act, as part of a treaty with the Hague on children, states that the "home state" of the child - or the place where the child has lived for the past 6 months, will have jurisdiction in a custody dispute. It appears that place is California.

[lp blair]

i just saw a photo of the "michael jackson kids". there is no way, shape or form that Michael is their biological father. another mystery or fabricated story?? i don't know but i would guess that those kids don't have a drop of DNA from Michael jackson.

[conrad washington]

alot of people took MJ kindness for weakness. i just hope that his kids get someone who is going to give them unconditional love as he did. MJ passing is a tragedy to the world. He was a great soul, despited the allegations that was stated. MJ lives on thru his music.he left us with so many memories R.I.P. to MJ.

[Tee]

I wonder if his soul is resting in peace id like to think so but only GOD surely knows!

[hunkerdown]

Unfortunately, corporal punishment is not the only way to damage children significantly. These kids may have more adjustment problems than their father, and limited resources to deal with them. At least we know they have not been beaten, and have certainly been loved. The last thing they need--at the ages of 11 and 12--is having their futures decided without being consulted. Let's hope someone has a plan to give them a view of life as the rest of us know it before they have to make some life-altering moves....

[Cookie Shaw]

We love you ,and you will be truly missed, my thoughts and prayers go out to his children and family, may god bless and continue to keep his loving arms around you always. I loved all of his music but my favorite was "Off The Wall '"Album
RIP MJ

[branken123]

Michael is dead. Let him rest in Heaven, man! As for Michael's children, let legislation solve. Let's just keep our superstar in our memory.

[Kat]

Most of us did NOT know him personaly therefore we can't and should not speak ill of him. One thing that every one can agree on is his talent. MJ was a Talented individual and his work will be missed. R. I. P. Michael.

[kNess]

I just hope that these kids go to someone that will really love them, and not because of the money...Rest in peace michael

[Wyn]

If the mother of Paris and Prince wants custody, the children would be raised in a normal atmosphere. I think it would be good for them to live away from that strange "bubble" life they led,with having their every whim catered to. They'd have to adjust to living on a ranch in the desert, surrounded by normal down to earth people. I think it's wonderful that Debbie Rowe left the glitter and glitz of Beverly Hills, to move to the AV and raise horses and dogs, and would be a wonderful atmosphere to raise normal children.
RIP Michael. Look what that lifestyle did to him! It would be a shame if those children are subjected to the same bizarre lifestyle, and grow up without ever having to lift a finger. It's a shame that Michael has passed away so suddenly, and he will be sorely missed.

[Deezy]

i think this is tha ridiculous !
how in tha world are these MJ's kids ?
those kids are whiter than snow !
even tho Mike's skin color changed - he was still black
those kids are still suppose too be MiXED !!
All of those kids are lil white kids ! ( no offense ]

[Heather]

MJ was not the biological father to these children.. BUT Rowe relinquished her maternal rights in a court of law and accepted not one but two pay-offs to do so. The media has gone back and forth with saying that she isn't the real mother but just a surrogate, and now they're(or her lawyer actually) saying she IS the biological mother so who knows. We need a maternity test for that and even after that what says she's doing this for the right reasons? I mean she could be going after these kids simply because she was cut out of the will and these kids would assure her a life-long paycheck. I must say I certainly do not approve of the children being separated from each other because the older two would go with Rowe, what would happen to the youngest child? This is a sticky situation and I hope it ends with a favorable result, whatever that might be.

[Virginia]

Debbie Rowe never wanted those kids. Now she is attempting to get them because there is big money involved. She had said in the past that she would not be a good mother and was glad Michael had them. She actually had them just for him to take and raise as his own. Michael is worth over 1 & 1/2 billion dollars. He owes 400 millions so what does that leave. Do the math. Debbie Rowe is doing what anyone would do with that kind of money at stake. Why should she have the kids now. They have bonded with a totally different family and they will be forever damaged if taken away from the Jacksons.

[Lois]

I am just amazed how Michael kids living in a guarded and protective home would be any worse than the majority of American kids living with psycho heartless pathetic parents who abuse, neglect, and molest their children...There are so many kids in this country who choose to live on the streets than in these hellaious homes tucked away in suburbs, ghettos and chic apartments. American children are no match for this den of inquity that America has become...our children sexting...calling oral sex kissing...using drugs...killing each other...hanging themselves...how can anyone criticize him from wanting to keep his kids away from kids like these we're raising. Our children are bipolar..ADD...schizophrenic driven to mental disorder by their sick ass parents. Michael has seemingly done a great like the too few other parents who would like to put their children inside a gated community.

[Lois]

As far as Debbie...she chose money over her children. If she wanted to mother her children, when her parental rights were restored, her high priced lawyers could have petition the courts for visitation. There is no amount of money...fame or power in the world would make me agree to sell my children. This wretched woman need to stay on her ranch with her family of animals and honor MJ's wishes; because she was nothing more than an incubator. I believe the two oldest children will request to stay with their grandmother and their nanny is asked by the judge!

[Ruth Njoroge]

Michael rest in peace. Shall be missed by many people.

[erica231@att.net]

damn!!!! i really hope she won't get the two chiildren because what would become of the youngest child.. i have a real problem with her IF she has made no effort to contact or spend time with the children prior to the reading of the will.. WHATEVER HAPPENS I WILL LOVE AND MISS MJ FOREVER!!!!!!

[Hemlock]

This is another ploy for money. What ever she spins in the news about "flesh and blood" is a crock. She GAVE them UP for money twice before. This is an awful idea.
The blood suckers are all out.
Michael.....I hope you have influence from where you are so that your beloved children are as well cared for as with you.
We miss youi more than you can know.

[KATHY =( ^-^ )=]

Maybe this is the ONLY way to keep the kids away from JOE JACKSON. ... KATHERINE JACKSON is still married to JOE JACKSON (just seperated which doesn't mean a thing) and that is too close for comfort when it comes to the kids. JOE beat MICHAEL and Mom stood by and did nothing. Why would you want the kids to go to her???? So they can get the same abuse? You don't think JOE won't pull his weight,and get access to the kids because they equal money??? Katherine is old and couldn't fend JOE off. This would be my PRIMARY reason for handing them over to DEBBIE. THE LESSER OF THE EVIL...She is too old.... and I heard that DEBBIE was not able to make the choice to SEE HER KIDS CAUSE IT WAS MICHAEL'S idea to tke them away from DEBBIE,pay her to keep away.. He was a very RICH POWERFUL man/boy... You can tell that by the fact he has gotten a hold of any drug her wanted!!!! I believe she is the BIO MOM,(whether she's ugly or not),and can give them a more normal life far away from UGLY CHILD BEATING JOE JACKSON!

[desiree]

Prince Machael II has lost his daddy. I dont want to see him lose his big brother and sister as well, at the tender age of 7, at some woman's whim.

All 3 or none, Debbie.

[kathy of silicon valley]

Wouldn't the judge take into account the opinion of the children? They are 11 an 12 years old, and it would seem strange that they would agree to live with Debbie Rowe and be separated from their llittle brother, I think living with Auntie Janet or Uncle Germaine would be OK. Grandma is too old and Diana Ross did not even attend the memorial (and she is no spring chicken either)

[maya]

At the memorial, the children seemed very close to Michael's family, especially Janet. Michael's brothers and sisters would probably take care of these children alongside his mother. The children loved their father.
They don't really have a bond with Debbie...If she really felt "motherly" she would never have given them up without a fight - no matter how much money was offered to her.
Tearing these children apart from their little brother would be WRONG.
They should be asked what they want.
I am quite sure they will not want to be with her.

[cathy]

debbie rowe is not a good parent she gave the childern to michael jackson for one reason only and thats money and a lot of money if she loved the childern then give the childern over to michael jackson mother thank you.

[PD]

Give it up you MJ haters!! MJ was not proven guilty of anything and as far as the law goes...."innocent until proven guilty". MJs famiyl should get the kids and they should not be separated. I am a mother and which true mother could give up her kids for 8.5 million in a heartbeat. She didnt know what to do with them then...why hurt them and rip them away from the people they know best. They should get to voice their opinion and MJ would have left them with who he thought loved them and took care of them. MJ ---we love u and miss u. Debbie just wants her hands on his fortune....

[LAQUASHA SMITH]

I THINK THAT HIS MOTHER SHOULD GET CUSTODY OF THE CHILDREN BECAUSE THEIR BIOLOGICAL MOTHER DIDNT WANT THEM . NOW THIS IS MY PERSONAL OPINION BUT WHY DOES SHE WANT THEM BACK NOW SHE COULD HAVE CAME BACK AT ANY TIME BUT SHE WAITED UNTIL HE WAS DEAD. THAT SEEMS LIKE SHE THINKS THEY ARE GETTING SOME MONEY AND SHE WANT THE BENIFIEST. I THINK HIS MOTHER SHOULD HAVE THEM BUT JOE JACKSON WOULD HAVE TO STAY AWAY

[JEAN]

DEBBIE SHOULD LEAVE THIS FAMILY A LONE SHE ALL READY GOT MILL,S OFF OF MJ FOR THE CHILDREN THAT MAKES HER A BAD MOM NO ONE SELL,S THIER CHILDREN THEN WANTS THEM BAKE SHE,S NOT FIT TO TAKE CARE OF THE NOW JANET WOULD BE GREAT .