April 25, 2007
AIKEN, S.C.---An Aiken County judge ruled in favor of Tomi Rae Brown in court today.
Today's hearing was to decide on who should be the special guardian for James Brown, Jr.
It was a big win for Tomi Rae and her attorneys.
Tomi Rae argued that as the mother of James Brown, Jr. she should be the one to decide who is appointed as the guardian for her child. But the Godfather of Soul's three trustees said it should be up to the court.
After the personal representatives questioned the paternity of James Brown, Jr., the next step before the DNA test can even be taken is to appoint a guardian to serve in the best interest of the five-year-old child.
Tomi Rae wanted Charleston-based probate attorney Stephen Slotchiver to fill that job, but the trustees said it would be too costly for the estate to pay his travel expenses back and forth.
Tomi Rae's attorney Robert Rosen pointed out that the estate wouldn't have paid travel anyway, and that's when the judge sided with Tomi Rae.
"If the personal representatives are the ones who put the boy out of his house and wouldn't give him his clothes or toys back, now want to deprive him of his father, and they're going to pick the person to represent him? I don't think so," Rosen said.
"The judge wisely and professionally saw through it and appointed a probate lawyer to the child. That's why this motion is so important, because basically you otherwise had your enemies representing your own son," he continued.
Judge Jack Early says another hearing will be scheduled in the next couple of weeks to address the motions filed by attorney Louis Levenson, who represents the six adult children named in the singer's will.