Chicago Bears superstar linebacker Brian Urlacher is back in an Illinois court fighting over custody arrangements for his 3 1/2 year old son, Kennedy. The boy’s mother, Tyna Robertson, threatened to block Urlacher’s visitation unless he agreed to stop painting Kennedy’s toenails blue and putting the boy in pink Pull-up diapers. Robertson claims that these behaviors are confusing the child as to his gender.

Urlacher’s lawyer filed a motion for an emergency hearing on the matter in Will County, where the original paternity case was on file. Robertson’s attorneys have asked to have the case transferred to Cook County Circuit Court in Chicago, where she would be more likely to receive an increase in child support.

A little background may be appropriate and necessary to get the whole picture in this case. Urlacher divorced his wife Laurie in 2004. Then Laurie ended up pregnant. And then Tyna Robertson, apparently a one-night stand, also became pregnant. Urlacher moved back in with Laurie, who gave birth to their second daughter in April, 2005. About two months later, Robertson delivered Kennedy. Urlacher immediately hired an attorney to establish paternity, custody and support for Kennedy. While that case was pending, Urlacher and Laurie split again.

Unfortunately, the litigation has been ongoing ever since. Urlacher and Robertson have battled in court over transportation of the child for visitation. The judge ultimately ruled that they should meet each other halfway between their residences. Then Robertson alleged that Urlacher was sending harassing and threatening text messages. And now, the toenail polish and pink diaper allegations. (I’ll just point out that Urlacher apparently has at least shared custody of his daughters with Laurie, one of which is the same age as Kennedy. Simple explanation for the girl diapers maybe?)

It seems unlikely that a judge will be swayed by Robertson’s allegations. Modification of custody and visitation generally requires a showing of a continuing and material change in circumstances which makes the existing custody arrangement unreasonable. In my opinion, Robertson would have to put on evidence of some psychological and developmental harm caused by these issues. The expert testimony of a licensed psychologist or social worker would probably be necessary to prove this harm to the court. Unless there’s much more to this story, that ain’t gonna happen.

Interesting to note that Robertson, prior to her hook-up with Urlacher, sued Lord of the Dance Michael Flatley for raping her in Vegas. Flatley claims that there was consensual sex. The case was thrown out of court and Flatley later sued Robertson for fraud and extortion.

Urlacher is represented by Anita Ventrelli and Don Schiller of Schiller DuCanto and Fleck, a Chicago family law firm. Schiller has also represented Michael Jordan’s ex-wife Juanita Jordan and Dwyane Wade’s estranged wife Siohvaughn.

Also See:

• Paternity Suits and Pro Athletes: The List