A Los Angeles A judge denied Cher's request for temporary custody of her son Elijah Blue Allman on Monday after Cher appeared via video in a morning hearing and her attorney provided new details about what prompted the singer to seek control of the adult's finances her son.
Cher's lawyer, Gabrielle Vidal, told the court that in addition to Elijah's admitted battles with addiction, “there is a secondary issue in that he suffers from schizoaffective disorder which leads to periods of psychosis.” Vidal said Elias has been placed in emergency hospital detention “several times in the past calendar year,” including last September. The lawyer said that Elijah is no longer under the care of the doctors who treated him for his alleged psychiatric problems and Cher is terrified that “his life is in danger.” He said Cher is worried she is too vulnerable to receive an upcoming trust payment from the estate of her late father, musician Gregg Allman.
“We feel the urgency remains because he is surrounded by people who are in denial about the mental illness component and the concern is that if he takes this distribution into his own hands and in a time of stress, it will lead to drug use. This process was initiated because the doctors treating him told Cher unequivocally that if she did not take this step as his mother, she was worried that he would end up on the street again,” Vidal said.
Elijah, 47, appeared in court in person Monday but did not speak. Judge Jessica Uzcategui said she believes Cher's concerns are genuine, but she did not see enough evidence to show that Elijah currently lacks the capacity to manage his own affairs. A subsequent hearing for a possible permanent conservatorship is set for March 6. Cher first sought Elijah's conservatorship in a Dec. 27 filing that cited his alleged “ongoing mental health and substance abuse issues.”
“I do not question the motive behind Cher's request, as it was motivated by concern for her son,” Judge Uzcategui said. “And I understand the perhaps overlapping issues in relation to substance abuse and mental health that have affected the proposed conservator in the past. I don't think he disputes that either. I see a lot of recognition of that in some of the documents.” But the concerns are not “sufficient evidence,” he said.
Monday's ruling came three weeks after the same judge denied Cher's attempt to win emergency conservatorship for Elijah without first having to provide him with certain records related to her application. Elias also appeared at that hearing along with his ex-estranged wife. On Monday he was accompanied again by his wife, as well as his licensed therapist.
In a new deposition last week, Elijah said he had tested negative for drugs and alcohol in a series of voluntary tests over the past month and had rented a new residence in Westwood with his wife Marie Angela King amid their reconciliation. He told the court he was also in the process of hiring a business manager. “In the two weeks since the initial hearing, I have successfully managed my income and expenses and have refrained from the use of illegal substances that historically caused the incidents that caused my mother's concern,” he wrote.
“I'm fine and I don't need the help my mother offers,” she said. “There was no emergency that led to a conservative position at the last hearing, and there certainly isn't one now.”
In her original petition, Cher said she only wanted to protect her son. “The petitioner loves Elias very much and has always acted with his best interests in mind,” her Dec. 27 filing said. According to the documents, Elias receives regular distributions from the trust established by his father. Cher estimated that she receives $120,000 a year. “Given his ongoing mental health and substance abuse issues, petitioner is concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah without assets to support himself and putting Elijah's life at risk,” it said. her testimony.
But his attorney, Steven Brummer, told reporters after the ruling that “Elijah is thrilled that the court saw that he does not need a temporary conservatorship.” “He's grateful to his fans, friends and other members of the recovery community for their support,” He's doing great.
Judge Uzcategui recommended the parties try mediation before the March hearing, with Brumer telling reporters they “would be willing. “We're open to mediation, that's always a good avenue to explore.”
from our partners at https://www.rollingstone.com/music/music-news/cher-elijah-blue-allman-conservatorship-1234956045/