Britney Spears

Apparently, under the terms of the order, Spears is allowed take their two young sons, Sean and Jayden, on the road with her. She must, however, provide Federline with a place to stay if he wants to follow them on tour. The paparazzi has photographed Federline and his girlfriend on several of the tour stops, including some in Europe.

TMZ says that the order provides Spears with minimum 50/50 custody of the kids and, at times, she has even more than 50/50 time. At the end of the year, after the tour ends, the judge will reevaluate custody. TMZ’s sources say that it seems likely that the 50/50 split will be continued after the end of the tour.

Spears pays Federline $20,000 a month in child support. In addition to this sum, he gets between $20,000 and $25,000 a month when the kids are outside of California. My guess is that this additional money is technically to cover the travel and meal expenses he incurs to spend time with the boys during the tour (and maybe even to compensate him for potential loss of income that he may give up in order to be with them). The amount is pretty high, especially if Spears is paying for his hotel costs (and I’m not sure exactly what income he may lose by traveling), so it likely also represents the result of a hard-fought negotiation.

I don’t believe that the custody order has been changed with regard to legal custody of the kids yet. The 50/50 split refers to physical custody or parenting time. As far as I know, Federline still has sole legal custody as Spears is technically under conservatorship of her father, following last year’s mental and emotional problems.

Until the probate court lifts the conservatorship, in effect finding that Spears is capable of handling her own legal and financial matters, I don’t see the family court giving her legal custody of her children. But we’ve been hearing that the conservatorship will be terminated after the tour ends, so the stars may be aligning for a major legal shift for Spears at the end of the year.

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But the whole thing got me to thinking about other celebrity dads who got physical custody of the kids after a split. There aren’t many, that’s for sure. And some of them are very “interesting” situations to say the least.

Once upon a time, most states had “tender years” laws which presumed that a child’s mother was the appropriate caregiver for a child “of tender years” – a.k.a. a young child. Although many will argue that some judges still consider the mother the presumptively correct caregiver, the laws have fallen by the wayside. The courts must award custody in a manner that they believe to be in the best interests of the child.

But it is still rather unusual for a father to have sole physical custody of the kids. So, which daddies got the kids?

• Michael Jackson – has sole legal and physical custody of his three children – Prince Michael Jackson and Paris Jackson by ex-wife Debbie Rowe and Prince Michael Jackson II (Blanket) by a surrogate mother
• Kevin Federline – currently has sole legal custody of Sean Preston Federline and Jayden James Federline, his sons with singer Britney Spears. Spears has liberal visitation and is expected to eventually regain joint custody of the boys.
• David Hasselhoff - was originally awarded full custody of his teenage daughters, despite several much-publicized falls of the wagon. Hasselhoff and his ex-wife Pamela Bach have since agreed to share custody of the girls on a permanent basis.
• Tom Cruise – curiously, has full custody of his adopted children, Connor and Isabella. Their mother Nicole Kidman has indicated that she does not have a particularly close relationship with her oldest children now that Cruise is married to Katie Holmes.
• Kid Rock – had full legal and physical custody of his son for quite some time, as the boy’s mother apparently had a drug problem. I haven’t seen anything in the press to indicate that the custody arrangement has changed but the mother did seek a change in custody back in 2000. All of the press surrounding Rock’s relationship with Pamela Anderson seemed to imply that Rock still had custody of the now-14 year old boy.
• Larry Birkhead – okay, circumstances are a bit different here. But Birkhead does have custody of Dannielynn, his young daughter with the late Anna Nicole Smith. You’ll recall the notorious paternity battle waged between Birkhead and Smith’s attorney/alleged lover Howard K. Stern after Smith’s death.
• Bob Geldof – Geldof is an Irish musician and philanthropist (I’m showing my age now but he was big in the ’80’s British New Wave era and was an original organizer of Band Aid, Live Aid and Live 8). He got full custody of his daughters Fifi, Peaches and Pixie after his ex-wife Paula Yates’ boyfriend Michael Hutchence of INXS hung himself. Several years later, Yates overdosed on booze and drugs. Geldof then became legal guardian of Yates’ and Hutchence’s daughter, Tiger Lily.

Who have we missed in our list? Feel free to let us know who we’ve left out!

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Elegant, who also represented future NBA Hall of Famer Shaquille O’Neal in his pending Miami divorce, has now filed a motion to withdraw as counsel for A-Rod. In fact, close review of Greene’s entry of appearance reveals that Elegant was not listed in that document’s “certificate of service” – a list indicating who was provided a copy of the entry. So, it may be that the Greene-for-Elegant switch has been in the works for a while. Elegant’s motion stated that he believed that his client had “more than enough attorneys.”

Kluger and Marks recently represented Karen Koslowski, ex-wife of former Tyco International CEO (and now New York prison inmate) Dennis Koslowski. Greene’s firm regularly represents some of Miami and West Palm Beach’s wealthiest.

It is not unusual for parties to potentially complicated divorces to hire multiple attorneys. Often, each attorney will have his or her own area of expertise and responsibility – usually financial vs. child-related. Multiple attorneys can also bring different relationships with the judge to the team. And sometimes they can be hired just so that the other side can’t.

With regard to Elegant’s quick exit from the case, there is no indication in the press that there was conflict. But keep an eye on this. Additional lawyer turnover is often a sign of a difficult client – see, for example, Britney Spears’ parade of attorneys.

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The agreement gives Federline sole legal and physical custody of the former couple’s two sons, Sean Preston and Jayden James. Spears will continue to have substantial visitation with the children. Sole legal custody will give K-Fed final decision-making authority over any important child-rearing decision – including educational, religious and medical choices.

A different Los Angeles County judge is scheduled to review the conservatorship which Spears’ father had put in place earlier this year to stabilize her life and financial affairs later this month. It seems unlikely that Gordon would have granted Spears any degree of legal custody over her boys unless and until she is deemed mentally fit enough to have some legal control over herself (i.e. the discontinuation of the conservatorship). Kaplan indicated that the agreement deals with how to handle custody in the event that the conservatorship is ended. He also noted that, while this agreement allows the parties to avoid trial and end the two year battle over the boys, custody is always modifiable in the future if circumstances change.

Related posts:

1. Britney Spears Gains Additional Visitation
2. Britney Gets 50/50 Custody of Kids for Near Future
3. Britney Ordered to Pay K-Fed's Legal Fees

Another happening of note in the Spears-Federline saga, super-divorce-lawyer-to-the-stars Laura Wasser has re-entered her appearance in the case on Spears’ behalf. It was Wasser who successfully negotiated the original joint custody agreement during the initial divorce proceeding almost a year ago. As Spears’ strange behavior escalated in the late summer and early fall of 2007, Wasser withdrew from the case.

Reports indicated that she did so because Spears would not listen to her advice. Wasser was followed ever so briefly by attorney Mel Goldsman at Freid and Goldsman. He was followed by lawyers Sorrell Trope and Ann Kiley of Trope and Trope. Most recently, Spears has been represented by Stacy Phillips of Phillips Lerner Lauzon & Jamra. The reappearance of Wasser is seen as an indication that Spears – assisted by her father and conservator Jamie Spears – is generally more stable than in the recent past. It is unlikely that Wasser would have agreed to rejoin the Spears camp if she did not believe that the previous communications problems had been resolved.

Federline has been represented by attorney Mark Vincent Kaplan since the divorce case began.

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It is important to note that Federline retains all legal custody of the boys at this point. Spears has only visitation. She is currently under the conservatorship of her father Jamie Spears and has been since her hospitalization. Jamie Spears has legal control of his daughter’s personal and financial affairs at least until a July hearing in that case. It is not surprising then that Commissioner Scott Gordon in the custody case has not restored any legal custody rights to Spears – seeing as she has been deemed by the probate court to be unfit to handle her own affairs at this time.

Still, the visitation plan indicates that Commissioner Gordon and the Federline camp are pleased with Spears’ mental health progress and her father’s supervision. It is generally a family court’s goal to keep parents and children together and to facilitate meaningful familial relationships. It appears that the court in this case has a specific plan on how to accomplish that for the Spears-Federline family. Federline’s attorney Mark Vincent Kaplan indicated that the ex-couple had “mostly” agreed on the revised visitation plan and that he was cautiously optimistic about moving forward with the new, graduated plan.

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1. Commissioner Scott Gordon Presiding Over Britney Spears' Custody Battle – Who Is He?
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• Robert Evans and Catherine Oxenberg – he was old (68) and she was not (36); they split after 12 days of marriage
• Ali Landry and Mario Lopez – this acting couple dated for six years and separated after two weeks of marriage
• Eddie Murphy and Tracey Edmonds -they dated after Murphy broke up with Scary Spice, then married on an island in the Pacific on New Year’s Day; they acknowledged that the marriage wasn’t legal and planned to have a legal ceremony in L.A.; it never happened, they split two weeks later
• Chris Kattan and Sunshine Tutt – the comedian filed for legal separation from his model/wife after six whole weeks of marriage
• R. Kelly and the late Aaliyah – the singers were married for less than three months before the union was annulled due to Aaliyah’s age (15)
• Janet Jackson and James DeBarge – the young Miss Jackson was secretly married to DeBarge for four months
• Nicky Hilton and Todd Meister - married in Vegas, this marriage was annulled after four months
• Charlie Sheen and Donna Peele – this lasted four months; Sheen has married and divorced since and is now engaged again
• Colin Farrell and Amelia Warner – these two co-starred in a movie and were married for four months
• Renee Zellweger and Kenny Chesney – an odd couple, this marriage was annulled after four months

Oh yeah, there’s more…

• Ivana Trump and Rossando Rubicondi – married at ex-husband Donald Trump’s Florida estate in April 2008, Ivana filed for legal separation from Rubicondi by September of the same year
• Carmen Electra and Dennis Rodman – also married in Vegas, Rodman filed for an annulment nine days later; they reunited but ultimately split for good five months after their marriage
• Axl Rose and Erin Everly – married in Vegas (is anyone seeing a pattern here?); he filed for an annulment 26 days later; they reunited before divorcing after a grand total of nine months of marriage
• Courtney Thorne-Smith and Andrew Conrad – lasted only seven months
• Lauren Holly and Jim Carrey – married for nine months after meeting on the set of Dumb and Dumber
• Alyssa Milano and Cinjun Tate – married for 10 months in 1999
• Tyrese Gibson and Norma Mitchell - this model/actor/singer divorced his British wife after 10 months
• Hank Azaria and Helen Hunt – like Landry and Lopez, a long dating relationship didn’t translate well to marriage; dated 5 years, married for 11 months
• Marilyn Mason and Dita Von Teese – split after a year of marriage due to his drug use and his teenage girlfriend
• Liza Minnelli and David Gest – this bizarre duo were married in opulent fashion and split 16 months later
• Jodie Sweetin and Cody Herpin – former child star of Full House lasted only 17 months in her second marriage by age 26

Old School

Quick splits are nothing new in Hollywood. Take a look at these lightning fast break-ups from back in the day:

• Rudolph Valentino and Jean Acker - the actors were married in 1919; she locked him out of their hotel room six hours after their wedding and reportedly returned to her lesbian lover
• Dennis Hopper and Michelle Phillips – married in 1971 and split eight days later
• Ernest Borgnine and Ethel Merman – these two married in 1964; their competing egos brought the marriage to its knees 32 days later
• Joe DiMaggio and Marilyn Monroe - married less than a year, he purportedly loved her forever
• Elizabeth Taylor and Nicky Hilton (great-uncle of the other Nicky Hilton) – he was her first husband; she was 18 years old; they were married for eight months
• Cher and Gregg Allman – she filed for divorce nine days after they married…in Vegas; they also reunited, then he filed for divorce after four months; they reunited again, had a baby and ultimately divorced after five years of marriage

Repeat Offenders

Some people never learn. Here’s who:

• Britney Spears and Jason Alexander – married in…you guessed it, Vegas at 5:30 a.m., filed for annulment 55 hours later
• Britney Spears and Kevin Federline – married in surprise ceremony; split 26 months and 2 kids later
• Pamela Anderson and Kid Rock - married in St. Tropez with several follow-up U.S. ceremonies, split after four months
• Pamela Anderson and Rick Salomon – married in Vegas, baby; she filed for divorce two months later
• Jennifer Lopez and Ojani Noa – this was her first marriage; it lasted 13 months
• Jennifer Lopez and Cris Judd – this was her second marriage; it lasted 10 months before she left him and became engaged to Ben Affleck; that marriage, of course, never happened; she is now married to Marc Anthony
• Shannen Doherty and Ashley Hamilton – these two dated for two weeks before taking the plunge; split up after six months of marriage
• Shannen Doherty and Rick Salomon – she sure can pick ‘em; married for all of nine months
• Lisa Marie Presley and Michael Jackson – I don’t even know what to say about this one; hard to believe they were married for even 20 months
• Lisa Marie Presley and Nicolas Cage – divorced after almost four whole months of marriage
• Robin Givens and Mike Tyson – the brainy beauty and the not-so-brainy boxer were married for one year
• Robin Givens and Syetozar Marinkovic - Givens married her tennis instructor; they separated the same day!
• Zsa Zsa Gabor and Felipe DeAlba – married for one day; she was unsure whether her last divorce had been finalized long enough to make this marriage legal
• Zsa Zsa Gabor – she has been married nine times; only two of those marriages lasted longer than five years
• Travis Barker and Melissa Kennedy – the rock drummer and his long-time girlfriend were married for nine months
• Travis Barker and Shanna Moakler – Barker tried again with this former Miss USA but the two split after 22 months and 2 kids; they tried to reunite but ultimately divorced
• Paula Abdul and Emilio Estevez – before American Idol, this marriage lasted only 2 years
• Paula Abdul and Brad Beckerman – also pre-Idol, this one was done after 17 months
• Drew Barrymore and Jeremy Thomas – these two dated for six weeks and were married for all of 29 days
• Drew Barrymore and Tom Green – this strange couple were married for five months before calling it quits
• Angelina Jolie and Jonny Lee Miller – both were young and this marriage lasted a year
• Angelina Jolie and Billy Bob Thornton - this bizarre coupling ended after 2 years of marriage
• Billy Bob Thornton - five wives; none of the five marriages exceeded four years

In a town famous for ego and narcissism, these short marriages should really be no big surprise. Maybe the bigger surprise is the Hollywood marriages that actually make it for the long haul. Some celebrity marriages have actually stood the test of time. But that’s a list for another day.

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Phillips argued that Federline has plenty of money available to pay his own fees, pointing out a $2,000 tip Federline left on a $365 restaurant check recently and also argued that Kaplan’s fees were unreasonable. Kaplan countered by arguing that he was in court on the case eight times between September and January alone due solely to Spears’ behavior and bad judgment and in support of Federline’s attempts to protect the welfare of the children. Several additional court appearances were necessary after Spears’ two involuntary psychiatric commitments in January and February of this year.Commissioner Gordon agreed with Kaplan. In his order, Gordon found that Kaplan’s fees were reasonable and noted that the actions of Spears caused the majority of the litigation.

California, like most states, allows a judge to order one party to pay all or part of the other party’s attorneys’ fees in a divorce, support or custody action. This decision is usually based upon the inability of one spouse to afford the fees, coupled with the ability of the other spouse to pay. In a more mundane example than the Spears-Federline case, the court will sometimes order a working husband to pay the attorney’s fees of his stay-at-home ex-wife. In other situations, however, the court can order one side to pay fees as a sanction or punishment – usually if that party’s behavior caused otherwise unnecessary legal fees. For example, if a father continually refuses to abide by a parenting schedule, forcing the mother to file a motion to enforce the schedule, the court may choose to order the “mis-behaving” parent to pay the legal fees of the other. It appears that both factors (financial and behavioral) are at issue in the Spears-Federline case. The court, in every situation, requires that the fees be reasonable and necessary.

Phillips, a partner at the Los Angeles firm of Phillips, Lerner, Lauzon & Jamra, LLP, is Spears’ fourth attorney in the child custody case and has previously represented singer Bobby Brown, Erin Everly (ex-wife of singer Axl Rose), Charlie Shahnaian (ex-husband of Tori Spelling) and baseball player Darryl Strawberry. She is a Certified Family Law Specialist in California.*

*Legal Specialization (also called certification) is offered in relatively few states. Where it is offered, certification in family law is a designation given by the state bar association that indicates an attorney’s practice emphasis on the area of family law. The certification does not necessarily mean that a certified lawyer is better than a lawyer who has chosen not seek certification. Celebrities often choose to hire divorce attorneys who are not certified as family law specialists, often due to a particular attorney’s reputation or experience with the media and public relations.

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When Can a Court Order Random Drug Testing?

Pursuant to California Family Code section 3041.5, the court can order a parent seeking custody/visitation to submit to random drug testing if there is a “judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol.” In other words, since Commissioner Gordon found that Britney was frequently and illegally using controlled substances or alcohol, she must now submit to drug testing so that the court can help ensure that the children are safe while in her care.

Can Britney Ever Regain Custody?

If Britney can show the court that she is a fit parent she will likely regain 50% custody of the children. Of course, part of the challenge is proving that she does not use drugs or abuse alcohol. The court will usually base its decision upon a declaration submitted by Britney making these statements under penalty of perjury, and may want to hear oral testimony from her. The court’s decision will likely be based largely on the conclusions of a custody evaluation or the report of a parenting coach and the drug test results. We should expect another custody hearing soon which will either be a status hearing (basically an update requested by the judge) or a motion brought by Britney’s attorney requesting more visitation.

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1. Will Britney Get Her Kids Back?
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3. Commissioner Scott Gordon Presiding Over Britney Spears' Custody Battle – Who Is He?

Scott Gordon was a former Santa Monica police officer. He attended Southwestern University School of Law in Los Angeles and joined the District Attorney’s office in 1985, where he was assigned to criminal cases. While a District Attorney Scott Gordon also taught criminal law classes at Southwestern Law School. I was fortunate to have Scott Gordon as a professor at Southwestern – he was an excellent teacher and well liked by students.

In 2002, Scott Gordon was elected a Superior Court commissioner and served in the criminal courts. Around 2004, he was assigned to the family law courts. As a family lawyer I had the opportunity to have cases in his court room, and in my experience, Commissioner Gordon is a fair judge; he understands family law and makes well-reasoned and thoughtful decisions. He is considered among the best family law judges in Los Angeles county.

What is the Difference Between a Commissioner and a Judge?

A commissioner is a lawyer who is elected to the judicial position. A commissioner has the same powers as a judge, but parties to the action (i.e.: plaintiff and defendant) must agree or stipulate to have their case heard by a commissioner instead of a judge. If one of the parties doesn’t agree to the commissioner the case will be moved to a courtroom in which a judge presides.

Commissioner Scott Gordon’s Most Recent Orders

At the last Spears Federline hearing, Commissioner Gordon ordered that Britney have monitored visitation with a parenting coach present. Commissioner Gordon also ordered Spears to undergo random drug testing.

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3. Britney Ordered to Pay K-Fed's Legal Fees

The court files in the Spears Federline custody dispute have been sealed and the courtroom during the custody proceedings are closed to the public, so the details of the custody battle are not known. However, Britney most likely did not lose complete physical custody of Jayden James and Sean Preston. The parent that has the most custodial time with the children has primary physical custody and the other parent has visitation. Until recently, Britney had the children the majority of the time and Kevin had visitation. Pursuant to the most recent court order issued by Commissioner Scott Gordon, Kevin now has the children the majority of the time and Britney has limited visitation. The court may have even ordered that Britney have supervised visitation. Supervised visitation means that the parent can only exercise visitation if a specific person of the court’s choosing is present. Often the court will order that a nanny or social worker be present. That person would also be expected to report back to the court about the visitations. Supervised visitation is most often ordered when a parent abuses drugs and/or alcohol and the court has determined that the safety of the children is at risk or if the parent has a history of domestic violence.

Why Did The Court Decrease Britney’s Visitation with the Children?

From the very few documents and information released by Britney’s and Kevin’s attorneys it appears that Britney’s time with the children was decreased because she failed to comply with the court’s orders. Apparently, the court ordered Britney to submit to alcohol and drug testing and to attend parenting classes. Britney did not comply. The court will make a change or modification to an existing custody order when it concludes a modification would be in the best interests of the children.

Will Britney Get the Kids Back?

If Britney follows the court’s orders and submits to drug/alcohol testing and attends parenting classes it is likely that her time with the children will be increased. The courts would “like” to be able to award both parents equal time with the children. If there are no concerns about a parent’s ability to take care of the child both parents will usually share custody 50/50. As long as Britney complies with the court’s orders and there are no concerns about her ability to care for the children she will most likely eventually share equal custody with Kevin.

Does Custody Affect Other Aspects of the Divorce?

The custodial arrangement determines the amount of child support to be paid. The parent who has the children the majority of the time is entitled to child support from the other parent. Both parents’ income is also taken into consideration. If Kevin’s custodial time increased he will be entitled to more child support from Britney. Child support cannot be limited by a premarital agreement so Britney and Kevin were not able to predetermine or limit child support in their premarital agreement.

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Britney Spears and Kevin Federline previously agreed to share joint physical custody and joint legal custody of their children, 23-month-old Sean and 11-month-old Jayden. Joint physical means that each parent will have custody of the children 50% of the time. Joint legal custody means that both parents will make joint decisions regarding important decisions in the children’s lives such as schooling and healthcare.

Recently, Kevin has filed to modify custody, requesting that he be awared primary custody of the children with Britney having monitored visitation. That would mean that the children would be with Kevin the majority of the time and Britney would have very limited visitation (probably no overnight visits). Monitored visitation means that Britney coud not be left alone with the children. Often when one parent has monitored visitation a nanny or neutral third party must be present for the entire duration of the visit. There are also monitoring agencies that can provide professional monitors, many of whom are psychologists or therapaists. Often if a parent has monitored visitation the parent is not allowed to leave town with the children or even drive the children in a vehicle.

In order for Kevin to succeed, he must show that it is in the best interests of the children to be with him the majority of the time. Kevin will have to show that he can provide a better home and environment for the children which requires him to point out what is lacking in Britney’s parenting skills.

Many assume that Kevin will emphasize Britney’s partying, drinking and recent sexual exploits depicted in the tabloids. However, that alone would probably not be enough to prove that the children are better off with him. He must present to the court specific and detailed incidences that show Britney’s poor parenting skills. That is probably why Britney’s assistant and former nannies were subpoenaed to testify at a deposition where it is assumed that Kevin’s attorney will ask them questions relating to Britney’s parenting.

What will Britney Argue?

Britney may argue that going to night clubs and having a couple cocktails has no bearing on her skills as a parent. She will want to present herself as a living, caring and devoted mother who is struggling with parenthood as a single mother while working full-time. Britney will probably argue that is not in the best interests of the children to be away from her for extended periods of time.

Who Will Ultimately Decide?

The issue will ultimately be decided by a judge. There are no jury trials in family law. The judge may order a custody evaluation to be conducted by a neutral court appointed expert. The expert is usually a psychologist or therapist (that works for the court) who will interview both parents and perhaps other family members. The expert often meets with each parent in their home to observe them with the children, and may have the parents submit to a written psychological test. The expert considers all this data and issues a report which recommends what outcome the court should adopt.

However, it is up to the judge to listen to all the facts presented by both sides and determine whether it would be in the children’s best interests to be with Kevin the majority of the time. The judge will have to weigh this consideration against the fact that the children, who are still very young, will be away from their mother for extended periods of time and the result that will have on their bonding as mother and child.

Related posts:

1. Commissioner Scott Gordon Presiding Over Britney Spears' Custody Battle – Who Is He?
2. Will Britney Get Her Kids Back?
3. Britney Gets 50/50 Custody of Kids for Near Future