Michael Jackson’s Children and the Custody Question

by James Hirsen

After the touching tribute Paris, daughter of Michael Jackson, gave her daddy at the memorial service, media attention turned to the future of Jackson’s three young children.

Despite the fact that the court gave Michael’s mother, Katherine, guardianship over Prince Michael, Paris and Prince Michael II, the legal tug-of-war over custody continues.

Because the two older children, Prince Michael and Paris, were born to a married couple, under California law there is a presumption that the custody of minors will be granted to the legal parents. That presumption of custody would result in the surviving parent, Debbie Rowe, getting custody.

In the past, pursuant to an arrangement with Jackson, Rowe attempted to give up her status as legal parent, but she later returned to court and had her parental rights restored.

Rowe’s effort to end her parental rights will likely be brought up in the legal discussion, but in the state of California, parents’ rights are not terminated without a judicial investigation and hearing.

Still, the presumption gives Rowe custody of the children, if there is no evidence that refutes the idea the custody is in the best interests of the children. The law allows judges to overrule this presumption based on proof that parental custody would be detrimental to the children.

Everything hinges on the evidence. If evidence is presented that Rowe has little or no relationship with the children, her custody will be denied; if evidence is presented that the children have frequently spent time with her and know her as their mother, she will be given custody.

If Rowe wins custody of the two older children, she may also get custody of the third child, Prince Michael II, despite having no claim as the legal mother, because of the court’s desire to keep all of the siblings together.

Jackson’s will names his mother, Katherine, as guardian and, states that if she were unavailable, the children would go to singer and actress Diana Ross.

However, a will is not normally effective for custody purposes in a case in which one parent’s will deprives another parent of custody.

James Hirsen, J.D., M.A. in media psychology, is a media analyst, teacher of mass media and entertainment law at Biola University, and professor at Trinity Law School.

Popeye in the Public Domain

“I yam what I yam,” declared Popeye. And just what that is is likely to become less clear as the copyright expires on the character who generates about £1.5 billion in annual sales.

From January 1, the iconic sailor falls into the public domain in Britain under an EU law that restricts the rights of authors to 70 years after their death. Elzie Segar, the Illinois artist who created Popeye, his love interest Olive Oyl and nemesis Bluto, died in 1938.

The Popeye industry stretches from books, toys and action figures to computer games, a fast-food chain and the inevitable canned spinach.

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Psystar claims Apple has invalid Mac OS X copyright

In an aggressive response, unofficial Mac clone builder Psystar has made a controversial claim that Apple doesn’t legally own the US rights to protect Mac OS X, invalidating a major component of its lawsuit.

The addition to Psystar’s mounting defense was filed last week in the Northern District of California San Francisco court playing home to the legal entanglement.

In its new submission, the Florida-based PC builder argues that Apple’s complaint should be tossed outright as Apple didn’t use proper procedures to register the copyright for Mac OS X. Without that copyright, the Mac maker is “prohibited from bringing action” against Psystar for DMCA violation claims and other copyright-related allegations.

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Supreme Court to Decide on TV F-word

Bono uttered the word at the Golden Globes.

Cher and Nicole Richie blurted it out at the Billboard Music Awards.

When the F-word is used on broadcast television, though, public decency laws can be triggered.

The basic idea behind regulations regarding indecent content that is broadcast over the airwaves is that society has an interest in protecting children as it pertains to a medium that belongs to the public.

The daytime and early evening hours (when children are most likely to be watching or listening) have been viewed as traditional time slots, which the Federal Communications Commission (FCC) is in charge of overseeing.

After the FCC fined TV networks for broadcasting four-letter words, Fox, NBC, ABC and CBS filed suit, claiming that their First Amendment rights had been violated. A New York federal appellate court agreed.

The FCC appealed to the U.S. Supreme Court, setting up a definitive adjudication by the High Court on the limits of the FCC’s power to fine networks for indecent speech.

The Supreme Court will have the final say on the issue of profanity on the air.

Directors, writers and producers already have a host of platforms in which profanity is routinely used, including cable, satellite radio and Internet video. Moreover, television and cable networks have available five-second delays and can easily block profane language.

The FCC contends, “Given the core meaning of the ‘F-Word,’ any use of that word or a variation, in any context, inherently has a sexual connotation.”

Arguments will be heard shortly.

Wonder if the lawyers’ comments will be suitable for TV broadcast.

James Hirsen, J.D., M.A. in Media Psychology, is a media analyst, teacher of mass media and entertainment law at Biola University and professor at Trinity Law School.

Is the Church of Satan a Genuine Religion?

The Chicago Tribune reports:

The T in Satan’s name inked on Jamie Meyer’s left leg is drawn to look like an upside-down cross. The crucifix suspended above his bed hangs upside down too.

Meyer’s ex-wives say he also has turned their children’s lives upside down since he joined the Church of Satan—an organization that eschews spirituality and celebrates man’s selfish desires.

One of Meyer’s ex-wives is citing his religious affiliation as the main reason an Indiana judge should restrict his visitation time to allow his three youngest daughters to attend Christian church.

Man Sues Church for Worship Injury

A man says he was so consumed by the spirit of God that he fell and hit his head while worshipping.

Now he wants Lakewind Church to pay $2.5 million for medical bills, lost income, and pain and suffering…

Phil Spector’s Ex-lawyer Testifies

A former attorney for Phil Spector took the witness narrowly avoiding being held in contempt of court for  refusing to testify.

Sara Caplan testified that she saw forensic scientist, Henry Lee, pick up small white object that may have been one of Clarkson’s acrylic fingernails.

Caplan  agreed to testify after an appeals court upheld the ruling from the trial judge that she would go to jail unless she agreed to testify.

She said she saw Lee pick up an item about one inch in circumference and put it in a vial. She said she never saw the item again.

Lee has  denied the allegations.

D.C. Trembles as Judge Lifts Gag Order on Madam

You can almost hear the teeth chattering.

A federal judge in Washington is allowing “D.C. madam” Deborah Palfrey to release the names and phone numbers of her clients.

U.S. District Judge Gladys Kessler vacated two previous orders that had forbid Palfrey from selling or distributing phone records for the escort service she founded in 1993, according to thesmokinggun.com.

Hillary’s Bro’ May Avoid Trial

A lawyer for the brother of Sen. Hillary Rodham Clinton said he’s confident he can avoid a trial next week and settle a lawsuit that accuses Tony Rodham of failing to repay debts to a Tennessee carnival operator…

Grace Case Goes to Court

 

A judge ruled that a wrongful death suit against CNN’s Nancy Grace will move forward toward a federal court trial.

The lawsuit filed by Melinda Duckett’s relatives claims that Grace pushed Duckett, the mother of a missing toddler to suicide through aggressive questioning on her show.

Grace grilled Duckett on her CNN Headline News show in September 2006 about the disappearance of Duckett’s 2-year-old son, Trenton. Duckett fatally shot herself before the network aired the pre-taped interview.

The question is: Will Grace cover her own case?