Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

Amidst the worldwide outpouring of sorrow over yesterday’s untimely death of pop music legend  Michael Jackson, one big question that family law experts are asking is who will get custody over his three children. As a Birmingham divorce and family law attorney, I have encountered a variety of child custody cases throughout my career, but Mr. Jackson’s case is rather unique, not just to Alabama, but even to the quirky world of eccentric entertainment personalities.

With uncertainty relating to the children’s conception, questions of paternity, as well as the way in which the kids have been brought up, speculation is swirling as to whom the Jackson children will eventually wind up with. No doubt, this child custody case could have some surprising twists and turns.

There are several interested parties including Jackson’s mother, Katherine, and the children’s nanny, Grace Rwaramba, who has worked for Jackson for almost 20 years. Another large presence is the surrogate mother of the two older children. In addition, there is a second surrogate, mother to Jackson’s third child, who reportedly lives in Germany. According to news sources, Jackson’s estate is in the red by about $400 million dollars, however the entertainer’s notoriety will likely make the Jackson children’s custody a hotly contested issue.

Katherine Jackson has expressed a very strong desire to adopt her three grandchildren, according to a long-time family friend. However, Jackson himself reportedly said that he wanted the kids’ nanny to have custody should anything ever happen to him. Rwaramba, 42, had assumed an increasingly central role in lives of Jackson and his children, according to news stories. Following his acquittal on molestation charges in 2005, Jackson, Rwaramba and the children moved to Bahrain and then later to Ireland.

Surrogate mother, Debbie Rowe, who was a nurse in the office of Jackson's dermatologist, is the birth mother of two of Jackson’s kids, 12-year-old Prince Michael Jr. and 11-year-old Paris Katherine. Rowe was artificially inseminated prior to both pregnancies, but has never revealed if Jackson was the father of either child. She and Jackson were married briefly after Prince's conception, but divorced six months after Paris' birth.

Apparently, Rowe gave Jackson custody of the children, but sued him in 2006 for breach of contract in an attempt to regain custody. The pair settled out of court for undisclosed terms and Jackson retained custody. However, it is a good bet that with the Jackson’s recent death, Rowe will again try to gain custody of her children.

To add to the drama, Jackson’s third child was born to another surrogate whose identity has not been released. This woman, who gave birth to Prince Michael II in 2001, could add another component to the case. Prince Michael II,  better known to the public as Blanket, was infamously dangled by the pop star from the window of a Berlin hotel not long after his birth.

Who Will Get Custody of Michael Jackson's Kids?, ABCNews.com, June 26, 2009

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For those looking at divorce in the near future, a significant number may also be wondering about the potential custody arrangement for your children. As a Birmingham family law and divorce attorney, I’ve lent my shoulder to many a parent, but it’s the kids that make this job tough. Last week I explained legal custody and joint custody. Right now, I’ll pick up with sole and joint custody to round things out.

Sole Custody
In this scenario, one parent can have either sole legal custody or sole physical custody of a child. In many states, divorce courts are moving away from awarding sole custody to one parent and toward increasing the role a divorced father plays in his children's lives. Even when courts do grant sole physical custody, it is common for both parents to share joint legal custody, with the non-custodial parent enjoying a generous visitation schedule.

With this arrangement, the parents make joint decisions about the child's upbringing, with one parent deemed the primary physical caretaker and the other granted visitation rights. Courts hardly ever hesitate to grant sole physical custody to one parent if the other is deemed unfit -- this can include instances of drug or alcohol abuse, when the other parent has a new partner who is unfit for similar reasons, or if there are charges of child abuse or neglect.

I’ve seen many cases where one or the other spouse harbors a great deal of animosity toward the other, but believe me, it's wiser not to seek sole custody unless the other parent causes direct harm to the children. Even in such cases, the courts have been known to simply allow supervised visitation, while still ordering joint legal custody.

 
Joint Custody
Also known as shared custody, joint custody is reserved for parents who don't live together but who share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together in the first place. Joint custody can be legal, physical or both.

It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around. And when parents share joint custody, they usually create a schedule based on their work and housing arrangements as well as the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement.

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If you’re reading this, you’re probably facing divorce. More than likely, you have at least one child and you’re worried how much time you’ll get to spend with him or her after the divorce. It may not be much comfort, but you’re not alone -- each year more than one million couples on average get divorced nationwide.

From the standpoint of a Birmingham divorce and family law attorney, I can tell you there are several ways to go with custody. You should learn the difference between each type so you know going forward which is the best for your situation. I’ll explain two types today: legal custody and physical custody. We’ll save sole custody and joint custody for another time.

Legal Custody
As a parent with legal custody, you would have the right -- as well as the obligation -- to make all-important decisions about your child's upbringing. This includes choices pertaining to schooling, religion, and medical care, among others. In many states, courts typically grant joint legal custody, which means that both parents share in the decision-making process.

Remember that if you share legal custody with the other parent and you exclude that person from the decision process, your ex can ask the court to enforce the joint custody agreement. The court won’t fine you or send you to jail, but the episode will more than likely create additional friction between you and your former spouse, which is not going to help your kids, who should be foremost in your mind.

If the exclusion is based on some deeper issues (such as a history of abuse, etc.), you can ask the court to change the custody agreement and grant you sole custody. Be aware, however, that most states will usually lean toward joint legal custody, unless you can persuade the court otherwise. This is where a good divorce attorney can really come in handy.
 

Physical Custody
A grant of physical custody gives a parent the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. In cases where the child lives primarily with one parent, and has visitation with the other, the parent with whom the child primarily lives will usually have sole physical custody, with visitation rights granted to the other parent. This works best if the parents live close by, which also helps to reduce children’s stress levels by allowing them to maintain a somewhat normal routine.
 

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Going through a divorce in Alabama is hard enough, but picking up the pieces and getting on with your life afterward can be a major challenge as well. One thing that can’t be ignored are your finances. This can be a big hurdle, because usually one or the other spouse was the “accountant” in the relationship. Still, even savvy domestic money manages can use some advice.

Working here in Birmingham as a family law and divorce attorney, I am frequently asked by clients what their strategy should be regarding the financial side of a divorce settlement. Knowing your money situation and other household finances is a big part of this. Also, understanding the tax implications of certain payments will make your life that much easier in the long run. Below are some typical mistakes that people going through divorce tend to make.

Number One: Hanging on to the house at all costs
This is not necessarily the best option. According to financial experts, more attention should be given to which person can afford to maintain the property -- including paying the mortgage and managing the taxes. However, don’t think that getting spousal support to help with the mortgage payments will keep you on easy street. Large unexpected costs, such as a new furnace or other large-scale maintenance usually happen sometime or another, which can make home ownership more of a burden and les of a luxury.

Number Two: Failing to make a clean financial break with your ex-spouse
Cleanly separating each of your debts and assets, especially if you have been married for a long time, can be a difficult task, but a very necessary one. Most any financial counselor will tell you this is absolutely necessary, and the consequences of not doing so can be devastating. It may seem overwhelming, but the alternative is many times worse. You don’t want to have your ex racking up debt and ruining your personal credit score.

Number Three: Counting on your ex to comply with his financial obligations
While both parties in a divorce are beholden to the court-ordered divorce agreement, creditors do not fall under that arrangement. If your ex is supposed to pay the mortgage but fails to do so, the lender is apt to sue you both. And any missed payments or a default on a mortgage will hurt you next time you apply for a loan.

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