Celebrity blogger Perez Hilton must obtain psychiatric clearance before visiting his three children after a Miami court granted temporary legal custody to his mother.
Judge Laura Cruz of the Miami family court entered a confidential final judgment on August 18 granting 72-year-old Teresita Lavandeira sweeping authority over the schooling, healthcare, and overall upbringing of Hilton's children. The ruling affects his 13-year-old son Mario, 11-year-old daughter Mia, and eight-year-old daughter Mayte.
The legal action followed an emergency on August 4, during which the 48-year-old gossip columnist self-harmed with a knife while broadcasting on a TikTok livestream. Hilton consented to the custody arrangement while recovering in the hospital from significant blood loss and lacerations.
Under the court order, Judge Cruz did not permanently terminate Hilton's parental rights over his three children, who were all born via surrogacy. Instead, the judge expressly retained jurisdiction over the case and indicated that the court could issue a transition plan to restore custody to Hilton once he recovers.
For now, any contact between Hilton and his children must take place under strict supervision. The court ordered that "any visitation with Respondent shall be supervised either with an agreed upon family member or a therapist until further order of the Court or agreement of the parties, so long as Respondent has obtained psychiatric clearance."
August Emergency and Law Enforcement Response
The custody petition arose from a severe mental health crisis at the Miami residence Hilton shares with his mother. On August 4, law enforcement officers received emergency calls alerting them to a potential suicide attempt after Hilton began self-harming on a live internet stream.
Hilton's sister, 42-year-old Barbara Giarraffa, discovered him naked and covered in blood in the bathroom of the home. She immediately ushered the three children into her car to drive them away from the residence.
According to a police report, Hilton chased the vehicle into the street and banged on the car windows as his sister drove off with the children. Hilton then locked himself inside the house and cut himself with a knife.
First responders arrived at the scene and coaxed Hilton out of the house. Emergency personnel treated him for severe lacerations, significant blood loss, and an overdose before transporting him to a hospital in Miami.
Three days after the incident, Lavandeira filed a formal petition in Miami family court seeking temporary custody of her three grandchildren to secure their care and welfare.
Florida Mental Health Law and Medical Evaluation
Following his hospital admission, Hilton was detained under Florida's Baker Act, officially known as the Florida Mental Health Act of 1971. The state law allows law enforcement officers, doctors, and mental health professionals to initiate an involuntary emergency hold for individuals in a mental health crisis who present a danger to themselves or others.
The legal provisions of the Baker Act will activate once Hilton is medically discharged from acute hospital care. Doctors will then have a 72-hour window to transfer him to a specialized psychiatric facility for formal evaluation.
While individuals can theoretically be released after the 72-hour evaluation window if clinicians determine they pose no continuing risk, legal experts say that outcome is unlikely in this case.
Mark Astor, a veteran Florida attorney specializing in Baker Act cases and a partner at Astor Simovitch Law, described a quick release as a "long shot." The former prosecutor and defense attorney noted that patients in severe cases rarely walk out upon the expiration of the initial 72 hours.
"You don't just get to walk out of there after 72 hours," Astor told the Daily Mail. He explained that state authorities and medical staff face three potential legal paths once the initial hold concludes.
"Number one, they could release him. Number two, they get him to agree to stay on a voluntary basis. Or number three, they could file what's known as a petition for involuntary placement," Astor said.
If clinicians file for involuntary placement, a Miami-Dade County judge must conduct a formal hearing within five days to determine whether extended detention is required. Such proceedings are kept strictly confidential, with the public and media barred from attending.
"Most of the time these things take place inside the actual facility," Astor said. "There's going to be a prosecutor from the state attorney's office, and either a private defense lawyer or a court-appointed public defender. There'll probably be a doctor there from the facility saying this is why we need more time."
Guardianship Options and Long-Term Care
Under Florida law, court-ordered involuntary placement can last up to six months at a time. However, Astor predicted that a 30-day treatment order would be a more realistic outcome based on Hilton's situation.
Astor emphasized that Hilton's family holds significant influence over his treatment trajectory. Lavandeira and Giarraffa could negotiate with state officials to transfer Hilton to a private residential treatment center, where costs typically range between $15,000 and $30,000 per month.
The family could also petition the court for formal legal guardianship, which would transfer healthcare decision-making authority from state authorities to his relatives. That process would allow his mother and sister to oversee his medical treatment directly.
"If he's willing to get help, great. It's possible they come to an agreement with the state for what's known as a bed-to-bed transfer," Astor explained. "They could potentially file for a guardianship. In effect, they would be saying to the judge, listen, we want to get the state out of the picture here. He's got a family that loves him and we want to be the decision makers for him."
Prior Medical Issues and Official Statement
The crisis follows a difficult period for the celebrity commentator, who moved from Las Vegas to Miami earlier this summer to focus on his family following a severe bout of sepsis. That infection required 21 days of hospitalization and two surgical procedures.
Following his recovery from sepsis, Hilton stated in an interview with the Daily Mail that the near-death experience led him to become a born-again Christian.
An official statement published on the Perez Hilton website on Monday confirmed that he remains hospitalized under medical supervision. "At this time, Perez remains hospitalized and is receiving the medical care he needs. His treatment is continuing in an inpatient setting under the care of a dedicated team of medical and mental health professionals," the statement read.
Helplines are available for individuals experiencing crisis. In the United States, confidential support is accessible 24 hours a day by calling or texting 988. In the United Kingdom, Samaritans can be reached at 116 123, and in Australia, Lifeline is available at 13 11 14 or Kids Helpline at 1800 55 1800.
