Cher’s attorney argues in new court papers that a California judge has jurisdiction over the singer’s son and can establish a conservatorship in the state even though her offspring is currently incarcerated in New Hampshire.
Elijah Blue Allman was arrested twice earlier this year in New England and is currently detained at the New Hampshire State Hospital in Concord. Cher is seeking a conservatorship in order to control her son’s finances. She alleges that his severe, ongoing struggles with drug addiction and mental health issues render him “gravely disabled” and unable to manage his assets
Cher was denied her petition for an emergency conservatorship over her son in January. The next hearing in the Los Angeles Superior Court conservatorship proceedings is Sept 1. Elijah Blue, 49, is 80-year-old Cher’s only son with late Allman Brothers singer Gregg Allman.
On Thursday, Cher’s attorney filed court papers with Judge Jessica Uzcategui contending that despite Elijah Blue’s current incarceration in New England, Elijah Blue’s “domicile” is still California.
“Mr. Allman was only visiting in New Hampshire when he was arrested and incarcerated and never either had an intent to stay nor did he obtain a residence while he was there,” Cher’s lawyer contends in his pleadings.
In addition, until recently Allman was involved in divorce proceedings with his wife, Marieangela King Allman, in a case filed in Los Angeles County Superior Court, and on April 26 he made a remote appearance and had an attorney present in court during a conservatorship hearing and neither challenged the court’s jurisdiction, according to Cher’s lawyer’s court papers.
“Ultimately, if Mr. Allman is not domiciled in California, then he has no domicile,” Cher’s attorney further states in his court papers. ” Other than the involuntary incarceration in a state facility, Mr. Allman does not have an address and never has had an address in New Hampshire.”
Should the judge need further evidence, including testimony from family or friends regarding Elijah Blue’s domicile, Cher is “happy to provide it,” the entertainer’s attorney further states in his court papers.