Court Rules for Michael Jackson’s Ex-Wife

Michael Jackson’s former wife, Deborah Rowe, won a round Wednesday in her battle over their two children, with an appeals court ruling that her parental rights were not properly relinquished under the law.

The California 2nd District Court of Appeal ruling set the stage for further litigation between the former couple.

The pop star, who has been living outside the United States since his acquittal on child-molestation charges last June, could further appeal the ruling. He is reportedly traveling with his children in Italy.

Jackson and Rowe married in November 1996 and filed for divorce in October 1999 after the births of son Prince Michael and daughter Paris.

Jackson also has a son, Prince Michael II, whose mother hasn’t been identified.

Though acknowledging that Rowe initiated the proceeding to give up her parental rights in 2001 and made clear that she wanted Jackson to have sole custody, the appellate court said the judge in the matter did not handle it properly.

The retired judge, Steven M. Lachs, acknowledged in 2004 that he failed to have state officials do an independent investigation into what was best for the children.

Lachs voided his own ruling although he had found in 2001 that the arrangement was in the best interests of Paris and Prince Michael.

Jackson subsequently filed to prevent the judge from voiding his earlier ruling.

“A court cannot enter a judgment terminating parental rights based solely upon the parties’ stipulation that the child’s mother or father relinquishes those rights,” the appeals court said.

Lawyers for Jackson and Rowe did not immediately return calls for comment.

Laurie Levenson, a professor at Loyola Law School in Los Angeles, said the ruling returns Rowe to the position she was in before she relinquished her parental rights. If the case returns to court, she said, state agencies would probably be asked to evaluate the situation.

“No court has ever really figured out what would be best for these kids,” she said.

Rowe told the syndicated TV show “The Insider”: “I am thrilled with today’s ruling.”

Jackson’s publicist, Raymone K. Bain, said she had not yet read the ruling.