Michael Jackson's death has sparked controversy as to who will gain custody of Jackson's three children. Jackson's will clearly states he wants his mother to have custody. If Ms. Jackson is not available, Michael wanted long time friend, Diana Ross to have sole custody. Now, ex-wife and surrogate mother of the two oldest children, Debbie Rowe, is considering a legal battle to petition for custody of all three children.
This case is extremely difficult, and will be handled in California Probate Court. What makes it difficult is that Jackson is rumored not to be the biological father of any of the children. In addition, Rowe is not the biological mother, but the surrogate to the two oldest children. She is not the mother of the youngest child. Rowe apparently waived custodial rights in 2003 in exchange for a multi-million dollar settlement. It seems clear she isn't seeking custody for the benefit of the children.
One would think that DNA testing on Michael Jackson and his children would solve everything. In this case it wouldn't. California law usually grants custody of children to the remaining parent. In this case, Rowe is the legal parent of the oldest two children (you can't waive parental rights without a judicial ruling). Even though Michael wants his mother to have custody, she most likely will not get it unless both legal parents are deceased or deemed unfit. As far as the third child, most courts do not like to separate siblings. This makes Rowe the favorite to win custody of all three.
Although paternity testing helps courts make decisions in thousands of custody battles, it doesn't appear that a DNA test will help much in the Jackson case.
There's some additional information about the custody battle at BBC News.
