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.

<b>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.

Jackson, Lennon and Elvis

by James Hirsen

Media coverage of the death of Michael Jackson has reached a fever pitch with his memorial service that is scheduled to take place this week in Los Angeles.

Fans from all over the world have registered for the chance to receive tickets to attend the event, although only 11,000 people will actually be allowed into the Staples Center.

All three networks will broadcast live coverage of the service with their primetime attendant anchors present at the arena.

The cable news channels will feature wall-to-wall coverage of the event, too, and the memorial service will likely be the lead story on the evening news everywhere.

As we have all witnessed, numerous stories of significance involving foreign policy and domestic legislation have been shunted aside in favor of Jackson interviews, retrospectives and specials. This is part and parcel of what our celebrity loving country has come to expect.

Regrettably, the tragic scenario has played out a number of times before. A music icon dies suddenly and unexpectedly, and under a mysterious set of circumstances. Along with Jackson, two other legendary stars come to mind, and their passing had the same dramatic effect on the public and the culture.

It was a chilly December day when John Lennon and his wife Yoko Ono finished a routine recording session. They had no idea how deep a darkness would soon fall.

The world at the time was consumed with things other than a former Beatle’s solo career. A new leader, Ronald Reagan, had just been elected President of the United States, with a full slate of issues ahead of him that included a faltering economy and enemies abroad.

As John and Yoko returned to their Manhattan apartment at the Dakota, a disturbed fan, Mark David Chapman, sent four hollow point bullets racing Lennon’s way. Police took the legendary musician to the hospital where he was pronounced dead.

The media behaved quite differently the day the Lennon music died. The New Media was not yet in force. Cable news programming was still in formation. Much of the public heard the word of Lennon’s death from Howard Cosell during a broadcast of “Monday Night Football.”

Still, news of the former Beatle’s passing spread fast. It was the lead story on all of the major networks and above the fold in newspapers around the world.

As the sad news traveled, crowds gathered outside the Dakota. Much like the throngs who mourned for Jackson in New York, London and L.A., Lennon fans sang songs and recited lyrics in his honor. Yoko Ono asked the mourners to return the next Sunday for a memorial for John. That Sunday, Central Park was overrun with over 100,000 people. A similar gathering took place in John’s hometown of Liverpool with 30,000 people in attendance.

Many radio stations played Lennon music exclusively for several days in a row.

Although John’s death was similar to Michael’s in terms of public reaction, media coverage and cultural impact, another pop music icon passed on under much more eerily parallel circumstances.

His career was fading. His performances had fallen far below expectations with the resultant criticism from the entertainment press. He appeared unhealthy, but he and his handlers decided it was time for a summer comeback tour.

Just like in Jackson’s case, the tour never happened. In August of 1977, Elvis Presley was found dead on the floor of his Graceland home by his fiancee, Ginger Alden.

His death was the lead story on all of the broadcast networks except for CBS, which made it second to a Panama Canal story, possibly because Walter Cronkite was away on vacation.

For years insiders at the CBS newsroom were said to have repeated the words “remember Elvis,” because the network felt as if it had been remiss in its coverage of the star.

The day the Elvis music died dominated the media cycle for weeks on end. Much like the death of Jackson, the cause of Elvis’s death would remain a mystery and consume massive amounts of media airtime.

Early reporting indicated that Presley died from a cardiac arrhythmia, which fit with the excess weight he was carrying. But an autopsy of the legendary singer showed large quantities of a host of drugs including Morphine, Demerol, Valium, Codeine and Quaaludes, some of which were also found in Jackson’s home.

The passing of Jackson, Lennon and Elvis invites the kind of speculation that, like their iconic images, goes on forever.

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.

Jackson’s Key Asset: The Beatles Catalog

by James Hirsen

Back in 1985 Michael Jackson bought a publishing catalog for $47.5 million, which included world famous songs from one of music’s most legendary groups, The Beatles.

In 1995, Sony purchased from the pop singer half the rights to the catalog at a cost of $90 million.

To accomplish the transfer, a joint venture was created called Sony/ATV.

Today each of the halves of the entity is worth more than $700 million, which means Michael’s creditors, who are reportedly owed around $500 million, will be humming Beatles songs as they attempt to settle with the King of Pop’s estate.

Michael piled up massive debt from the time his solo career peaked with the “Thriller” album to his recent passing.

Creditors could force a sale of Michael’s share in the catalog.

A quick “auction” of the asset could result in a distress sale at below market prices given the current state of the music business.

Possible litigation involving the Jackson family, Paul McCartney, Sony and others has the potential to stretch out the process for years.

Lisa Marie Presley: Michael Jackson Feared Elvis-like Death

Those close to Michael Jackson are searching their memory banks for clues to explain the tragic loss.

Lisa Marie Presley, daughter of Elvis, remembered a warning sign from years past that she had received, which in light of emerging information surrounding Jackson’s death is unsettling.

Lisa Marie, in a post on her MySpace page, revealed a conversation she had with Michael when she was married to him. She remembered how, during the discussion, the talk turned to the manner in which her father had died.

“I am afraid that I am going to end up like him, the way he did,” Michael confessed. The pop singer was alluding to the tragic death by overdose that Elvis suffered.

Lisa Marie blogged that she had immediately “tried to deter him from the idea at which point he just shrugged his shoulders and nodded almost matter of fact as if to let me know, he knew what he knew and that was kind of that.”

According to Presley, she grew tired from “her quest to save him from certain self-destructive behavior.”

She added, “His family and his loved ones also wanted to save him from this as well but didn’t know how and this was 14 years ago. We all worried that this would be the outcome then.”

Farrah Fawcett, Angel in Waiting

Farrah Fawcett, Angel in Waiting

By: James Hirsen

It’s not a typical celebrity passing. In American pop culture terms, Farrah Fawcett was an icon. She burst onto the Hollywood scene with her sparkling smile, sweet nature and blonde windblown tresses that set hairstyle trends for a decade. Farrah’s image adorned magazine covers galore, but more importantly her poster was tacked onto teen lockers, shop halls and office walls. All-American places. All-American dream girl. She was cheerleader, prom queen, sorority sweetheart and pageant winner all rolled into one. And she graced her way right on up to full-fledged movie star. Farrah’s career, from “Charley’s Angels” to the reality genre, was a shining example of an actress who lithely coped with a changing media landscape. Amazingly, the role that defined her fame, that of glamorous detective Jill Monroe who took assignments from the mysterious Charley, only lasted a year. The TV show was such a hit Farrah became part of that unusual celebrity club of those stars known by their first names only. If you said Farrah, folks knew exactly who you were talking about. Like Betty Grable in an earlier era, Farrah became the pin-up girl of her generation. The photo of Farrah in a red bathing suit quickly became the biggest selling poster of all time with an unprecedented 12 million copies sold. Farrah proved she was more than just a pretty face when she took a part in an Off-Broadway play called “Extremities,” and she received critical acclaim. She then tackled a difficult subject in “The Burning Bed,” a TV-movie about an abused woman. It earned her an Emmy nomination. She starred in another complex made for TV film, “Nazi Hunter: The Beate Klarsfeld Story.” And she garnered a second Emmy nomination for a miniseries “Small Sacrifices.” More critical praise for her acting came from her portrayal of a wayward wife to Robert Duvall’s character in “The Apostle.” When she appeared as herself in the 2005 reality show, “Chasing Farrah,” the public had a glimpse of the deep love she and Ryan O’Neil shared. The tender relationship supplied a sort of tonic to the public, which offset the disappointing failure of marriages that is so widespread from Hollywood to D.C. Looks like the Angel got her wings.

Madonna’s 7.3 Million Dollar Baby?

Leave it to the material girl to show folks how to adopt a child from a poor Third World country.

Four-year-old Mercy James, whose Malawian name is Chifundo, is all hers now thanks to the Supreme Court of Appeal in Malawi.

The higher court overturned the lower court ruling that had been a stumbling block in the whole adoption process.

The reason the singer’s attempt to adopt Mercy was stopped, according to the lower court judge, was that Madonna had not complied with rules that mandated that she live in Malawi for 18 months before adopting the child.

In rendering the opinion that let her off the residency hook, Chief Justice Lovemore Munlo said, “Madonna has been judged to be a compassionate, intelligent and articulate person. Her adoption of Mercy James is not a selfish act.”

It could be that the chief justice was alluding to something reported in the U.K. Daily Mirror; that Madonna paid out $7.3 million to fund orphanages and buy shoes, clothes, books and more for the impoverished children.

It’s not the first time Madonna was able to skirt Malawi law. She did it when she adopted little David, too. The interesting thing, though, is that David and Mercy weren’t exactly orphans. They both had family.

At the time of his son’s adoption, David’s dad Yohane expressed regrets and claimed he wasn’t fully informed about the arrangements. Kambewa, the alleged daddy of Mercy has gone on record as being opposed to her adoption as well.

Esme Chombo, the provincial judge of the lower court who had ruled against Madonna, quoted G. K. Chesterton to support the idea of sticking with the rule of law, even in a Third World country.

“Don’t take a fence down until you know why it was put up in the first place,” the jurist said.

Meanwhile Madonna has been seen dating a guy in his twenties. No word yet on whether she plans on adopting him.

Rihanna to Be a Witness for the Prosecution

Chris Brown had a bad week.

Rihanna’s former boyfriend released a YouTube video in which he told fans he wasn’t a “monster.”

But then he found out that the upcoming court drama is probably going to tell a very different story.

Prosecutors are going to subpoena Rihanna, and she’ll reportedly testify at a preliminary hearing in the case against Brown.

According to the police report, she’s going to have to give the ugly details of that supposed brutal night.

Brown has pled not guilty to the alleged Rihanna beating, and he’s hired high-profile lawyer Mark Geragos to defend him.

If things go along as expected, Rihanna will be subject to cross-examination by Geragos.

Most celebrity cases end up with plea bargains, but if Brown’s convicted he could end up spending more than four years in the slammer.

There’s no truth to the rumor that Rihanna’s working on a new book: “How I Lost 180 Pounds of Unwanted Fat-By Dumping Chris Brown.”

James Hirsen – - Hirsen on Hollywood

Wanda Sykes Us Out

Who chose Wanda Sykes to be the featured comic at the White House Correspondents’ Dinner?

Maybe it was the same person who set up the Scare Force One photo op.

The dinner traditionally dishes out humor at the president’s expense.

But Sykes used her moment in the D.C. spotlight to attack conservatives.

She began her routine with a few jokes about President Obama that were actually not-so-veiled compliments.

Not known for her subtlety, she went on to blast talk radio biggies Rush Limbaugh and Sean Hannity and toss cow pies at former Vice President Dick Cheney.

Her jabs at Rush were the harshest and most disingenuous and had no place at the time-honored event.

Sykes falsely “joked” that Limbaugh said he hopes America fails, and she accused him of treason.

She recklessly compared Rush’s comments to those of Osama bin Laden and used the #1 talk radio host’s name and “highjacker” in the same lame joke.

She went on to express, as pathetic liberals are prone to do, her desire that he experience life threatening health problems.

For Hannity, she hypocritically encouraged the use on him of what the Left has deemed “torture” and included a snide remark for bad measure.

When it came to Cheney, Sykes hid behind her lazy wisecracks but inadvertently revealed how unoriginal she really is.

Still, the Hollywood, D.C. crowd (which included Ashton Kutcher, Demi Moore, Natalie Portman, Jonathan Rhys Myers, Steven Spielberg, George Lucas, Tom Cruise and Katie Holmes as well as Brian Williams, Helen Thomas, Barbara Walters, Wolf Blitzer and other mainstream media big shots) chortled approvingly.

And according to Variety, White House senior adviser David Axelrod called Sykes “very entertaining.”

Very insidious is more like it.

Barbara Walters to Eject Elisabeth Hasselbeck, Seat Miss California

Despite her public denials, Barbara Walters reigns supreme on ABC’s “The View.”

The media Jill of all trades calls the shots when is comes to co-hosts.

Walters shoved Rosie O’Donnell off the show a while back, and she’s about to do the same to Elisabeth Hasselbeck.

The reason for Hasselbeck’s ejection? Walters has apparently had enough of her so-called “shrilly-silly views” and “looney-toon responses,” according to the National Enquirer.

Removal of the former “Survivor” star would leave an empty chair on the hosting panel, and it’s the only slot with a conservative vantage point.

Barbara is considering Carrie Prejean, the now famous Miss California, to take Elisabeth’s place.

Prejean has displayed grace under pressure in her unwavering expression about her beliefs on marriage.

Similar to the manner in which the media treated Governor Sarah Palin, attacks on the Miss USA runner-up have been unfair and unceasing.

Walters will likely get a lot of heat for even considering bringing on Prejean especially since the beauty contest winner is now a spokesperson for the National Organization for Marriage.

Here’s a thought: If she really wants to show independence, and maybe a smidgeon of balance, Walters ought to leave Hasselbeck on the panel and give Miss California Joy Behar’s spot.

James Hirsen is a New York Times bestselling author media law professor.

Lindsay Lohan: ‘I’ve Been a Target’

In what appears to be a pity ploy, Lindsay Lohan recently tried to explain why she’s having trouble finding work.

It’s not the ailing economy or any mistake she herself may have made.

No, according to Lindsay, she’s a victim of a media conspiracy.

In a recent appearance on the “Ellen” show, the “Mean Girls” star spoke of a specific gig she had lost.

“I had a really good opportunity with an amazing actor and it’s been put on hold because of this coverage that’s been coming out,” Lohan contended.

Somewhat disgusted, she added, “I didn’t get into this to be a celebrity on the cover of tabloids and I’ve been a target and I’m not that interesting but it’s distracting; it distracts people, studio heads, everyone – they get nervous.”

Someone should tell Lindsay that when execs read reports of eating disorders, drug abuse and unstable relationships, it’s their job to get nervous.

Still trying to make her case, Lohan had a message for her prospective Tinseltown employers.

“I’m ready to work and I’m responsible,” she said.