Legal issues

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Arriving at a custody hearing on Wednesday in Santa Monica, Kelly Rutherford stayed calm and collected in a yellow tunic top while making her way into the courtroom.

Due in June with a daughter, the Gossip Girl star is attempting to win permission to take 2-year-old son Hermès Gustaf Daniel with her to NYC until the end of March to film new episodes of the show. Estranged husband Daniel Giersch opposes the move.

The couple appeared again today to plead their cases, but after almost two hours of testimony from both, no ruling was made and the hearing will resume Friday morning.

Outside, Kelly told reporters,

“Ultimately I want the best for Daniel, and I want the best for our family. I think about the great love I have for this child. I try to not think [about the divorce] and instead think about my kids and my future … and how lucky I am to be a mother at 40.”

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Lost star Naveen Andrews was awarded sole legal and physical custody of his 3-year-old son Naveen Joshua on Wednesday, when a Los Angeles Superior Court judge rejected allegations of wrongdoing levied by the boy’s mom, Elena Eustache. Per the terms of the order, Naveen Joshua will be free to travel to and from Hawaii — where the 39-year-old actor shoots the television hit show — with either Naveen or his longtime girlfriend, actress Barbara Hershey.

Naveen sought the hearing to address a trip Elena took with Naveen Joshua outside of Los Angeles County, without his permission. He also claimed that Elena kept Naveen Joshua from him in violation of a previous custody agreement. In response, Elena argued that Barbara engages in witchcraft and that together the couple had attempted to poison her son; An attorney for Naveen requested the court to order a psychiatric evaluation of Elena.

The new custody agreement will remain in place pending a hearing next month. TMZ reports that Naveen Joshua — who arrived at the court with his mom — was removed from her care by a bailiff, and left the building with his father and Barbara.

Source: TMZ

Flynet

Dennis and Kimberly Quaid have resolved a lawsuit over the accidental overdose of their then-newborn twins Thomas Boone and Zoe Grace, 13 months. According to paperwork filed Monday with the Los Angeles Superior Court, following "extensive negotiations" the couple settled with Cedars-Sinai Medical Center for $750,000 in order "to avoid the time, expense and uncertainty of litigation." The settlement — which contains no admission of wrongdoing by the hospital — covers only those damages sustained by Dennis and Kimberly, and does not include damages sustained by the twins.

Thomas and Zoe nearly died in 2007 when, at 10-days-old, they were administered 1,000 times the recommended dosage of the blood-thinning drug Heparin; The twins had been admitted for treatment of routine staph infections at the site of their umbilical cords.

In a separate action filed last December the Quaids sued Baxter Healthcare Corp., maker of Heparin, but that case has since been dismissed. Baxter may pursue its own claim against Cedars-Sinai, however, as a result of Monday’s settlement.

Sources: People, Associated Press

Elizabeth Lippman/Splash News

Applauding the couple for looking out for the well-being of their child, Judge David Freundlich announced in court yesterday that he was pleased Curtis Jackson — better known as 50 Cent — and Shaniqua Tompkins were able to come to an agreement regarding visitation rights for their 11-year-old son Marquise. "I thank you guys for your cooperation. It makes life very, very good for your child," noted Freundlich. The new arrangement allows 50 Cent to see his son one weekend every month and to share holidays and vacations with Shaniqua.

While 50 Cent’s original request included him seeing Marquise two weekends a month, the rapper is satisfied with the arrangement and "happy it’s actually done with." Equally so, Shaniqua is pleased with the visitation rights and "despite my feelings for Mr. Jackson," hopes to foster a healthy bond between father and son. Says Shaniqua,

"I want him to have a positive relationship with his dad. [Marquise] is going to get visitation on his terms when he wants to see his dad."

Source: newsday.com

Flynet

When actor Heath Ledger passed away unexpectedly in January due to an accidental overdose, it was revealed that his will had not been updated since his relationship with actress Michelle Williams and the birth of their daughter, Matilda Rose in 2005. Heath’s will read that his estate — after his debts had been paid off — would be split between his three sisters, Ashleigh, Kate, and Olivia with the remainder going to his parents Kim and Sally. Although at the time, Kim had said, "Matilda is an absolute priority and Michelle is an integral part of ourfamily. They will be taken care of and that’s how Heath would want itto be," it was initially unclear how the estate would be divided. Now, Heath’s father has come forth and revealed that his granddaughter will be receiving everything. Says Kim,

"There is no claim. Our family has gifted everything to Matilda. That was the plan from the moment my boy passed away. There wasnever any question about the fact that Heath’s estate would go toMatilda. Never a question. We are very close to Michelle and Matilda."

Kim also shared that he and his wife Ines recently returned from a two-week visit to the States to see their granddaughter, telling PEOPLE, "It was lovely. There is no animosity [with Michelle] … We are all just one family."

Heath’s estate is estimated to be over $16 million, although a lawyer for the family refused to confirm or deny specific numbers. It was reported back in August that Jude Law, Colin Farrell, and Johnny Depp — who took over the unfinished role of Heath’s character in the movie The Imaginarium of Dr. Parnassus – would be donating their earnings from the film to Matilda.

Source: Herald Sun; PEOPLE

Thanks to CBB readers Cecilia, Mary Beth, and MaryAnn.

London Entertainment/Splash News Online

Update: According to Sharon’s lawyers, the actress never lost joint custody of Roan. Instead, the clerk made a mistake in writing the court papers as it states that Phil would have "sole physical custody," but goes on to say that "custody, visitation, holiday, and vacation schedule shall remain in place as outlined" in a previous court appearance. Sharon’s lawyers released a statement that reads,

"The court order of 2007 provided that Roan was to go to school in San Francisco. [Sharon] wanted the court to modify the order so her child could go to school in Los Angeles. But the court felt that, for whatever reason, that she did not meet a burden to move him out of San Francisco during the school year. She thought it was best at this young age that she had these two younger children to have her older son be with them and the court didn’t want to modify the order. She loves her son and felt it would be better to have her child in Los Angeles."

Originally posted September 23rd: Sharon Stone has lost custody of her oldest son Roan Joseph following a September 12th court appearance. The court has ruled that the 8-year-old’s father, newspaper editor Phil Bronstein, has been granted "sole physical custody of [the] child," a decision the judge calls permanent unless circumstances change in the future. No clear motivation for the decision is known, other than the "court finds that Respondent [Sharon Stone] failed to meet her burden of proof." Minutes from the meeting explain,

"The court does not find that [a] move away is in child’s best interest. [Phil Bronstein] can provide a more structured continuity, stable, secure, and consistent home that child, Roan, needs."

Roan currently lives with his father in the Bay Area, where he attends school. The court ruled that he will remain with Phil unless Sharon relocates to San Francisco or Phil chooses to move. The court minutes reveal that Sharon "shall have access to [the] child," and her phone number "shall be programmed into the child’s telephone and home phone."

Sharon and Phil divorced in 2004 and had shared joint legal and physical custody of their son as of last year, reports Entertainment Tonight. The 50-year-old actress is also mother to sons Laird Vonne, 3, and Quinn Kelly, 2.

Source: ET Online; PEOPLE

Ethan Miller/Getty Images

Update: A judge has ordered that T.I. increase his child support payments to slightly more than $3000 a month. In addition, the judge ruled that T.I will continue to pay the children’s private schooling, uninsured medical bills, and any extracurricular activities. While Lashon will maintain primary physical custody, the couple will now share joint custody. Although Lashon still has discrepancies over the amount of child support, her rep says,

"Every little bit helps. She was just getting by with the children, while they lived a different life with their father. It can’t be complete opposites on the other side."

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Update: According to People.com, a source confirms Britney Spears will now pay Kevin Federline $20,000 a month in child support, an increase from $15,000.

Originally posted 10 a.m.: The custody dispute between Britney Spears, 26, and her ex-husband Kevin Federline, 30, has been resolved, with Kevin taking full legal and physical custody of their sons — Sean Preston, 2 ½, and Jayden James, 22 months.  Kevin’s attorney Mark Vincent Kaplan confirmed the news to E! News, saying "the case has been settled" and "the court still has to approve it."  Per the terms of the agreement, Britney will have visitation rights with the boys.  Mark added that sole custody was not something Kevin pushed for, telling E!,

Kevin’s goal was to set up some kind of template so the mother of his children can co-parent. He said I need to have Britney to be involved in the co-parenting of the kids but I need there to be a structure.

While "nobody could have anticipated the terms of events that have occurred," Kevin is nonetheless "delighted" by the settlement, Mark said.

Britney and Kevin were married in 2004; They separated in 2006, shortly after the birth of Jayden, and their divorce was finalized last year.

Source: E!, People.com; Photo by Flynet

Are you surprised by Britney’s decision to give Kevin sole custody?

In years past, 50 Cent has enjoyed spending his summers on the road with his 11-year-old son Marquis. But this summer, with the 33-year-old rapper embroiled in a lawsuit with Marquis’ mother Shaniqua Tompkins, 50 Cent says he’s been cut off from all contact with his son. The breakdown in communication is "tough," he tells MTV, and the relationship between father and son "is changing."

I really don’t wanna talk about it, because my son at some point will have the opportunity to see the tapes. She’s still his mother, and I’m still his father, regardless. He’s gonna love both of us.

Shaniqua recently obtained a restraining order against 50 Cent, after her Long Island home was destroyed in a fire officials deemed "suspicious." She later filed a defamation lawsuit against the rapper. 50 Cent clarified, however, that he’s "not going through a custody battle, just a transition," adding, "I’d like to be able to just see my baby."

Source: MTV; Photo by Elizabeth Lippman/Splash News.

In legal documents obtained by TMZ, Evander Holyfield is accused of failing to pay child support for his 10-year-old son Evan over the last three months.  The 45-year-old former heavyweight champion boxer, who has ten other children, owes Evan’s mom Toi Jenese Irvin $9,000 in back payments the website reports.  The filing — which seeks a finding of contempt — additionally asserts that Evander has not maintained health insurance for his son, paid his son’s private school tuition or made annual $10,000 payments to his son’s college fund as he is required to do per the estranged couple’s preexisting support agreement.

Source: TMZ