Sia’s Explosive Custody Battle: Inside the Shocking Fight Over Her Son and Estranged Husband’s Allegations
In a legal showdown that has captivated Hollywood, pop icon Sia has successfully blocked her estranged husband Dan Bernad’s attempt to gain sole custody of their 1-year-old son, Somersault “Summi” Bernad. What began as a quiet split has spiraled into one of the most dramatic celebrity custody cases of 2025 — filled with accusations of substance abuse, secret hospitalizations, and even claims of a police investigation involving child pornography.
A Bitter Legal Clash Behind the Music
A Los Angeles County judge denied Bernad’s emergency motion for sole custody this week, ordering the couple to stick with their existing agreement. The ruling means Sia remains their child’s primary caregiver, while Bernad’s visits stay professionally monitored.
According to court filings obtained by multiple outlets, the judge determined that Bernad’s request lacked “sufficient exigency for emergency relief,” noting that most of his claims were already known when their prior custody arrangement was signed on August 1, 2025.
For fans, the ruling marks another chapter in Sia’s long and often public battle to protect her privacy — and now, her child — from the intense glare of fame.
Bernad’s Claims: “I’m the Only Safe Parent”
In his October 28 filing, Bernad, a Los Angeles-based oncologist, described himself as the “only safe and reliable parent” for baby Summi. He accused the 49-year-old singer of being “an unfit and unreliable parent struggling with substance abuse and addiction.”
He claimed that Sia had secretly spent two weeks in hospital after testing positive for barbiturates and benzodiazepines, insisting she was incapable of providing stable care.
“I am a doctor, young, healthy, and have no criminal history or addiction issues,” he told the court, pushing for sole custody and reportedly requesting $77,000 per month in support.
His filing also asked that Sia undergo random drug testing and be restricted to two-hour supervised visits three times per week — a request the court ultimately rejected.
Sia’s Response: “He’s Weaponizing My Sobriety”
Sia fired back, calling Bernad’s claims “a cruel attempt to weaponize my sobriety.”
In her declaration, she said she’s been sober for more than six months, attends regular recovery meetings, and has repeatedly offered to undergo drug screenings. According to Sia, it was Bernad — not her — who failed to follow through on prior testing agreements.
More explosively, she claimed her estranged husband was under investigation by the LAPD and the Department of Children and Family Services for “illicit child pornography” allegedly found on his computer. Though the case was ultimately closed as inconclusive, Sia argued that the investigation justified restricting his visitation.
Bernad, for his part, denies the allegations outright, calling them a fabricated smear meant to damage his reputation and control the narrative. He alleged that Sia “planted” evidence in an effort to block his access to their child — a claim for which he’s provided no verified proof.
A Judge’s Message: Old Allegations Don’t Equal Emergencies
The court’s denial sends a clear message about California family law: emergency motions require new and immediate evidence of danger to the child. Simply re-filing old accusations doesn’t meet that bar.
“The facts asserted were known at the time of the prior custody agreement,” the judge wrote, adding that “no exigency has been shown.”
That language, legal experts note, is often used to discourage repeated filings based on recycled allegations — something courts view as manipulative litigation tactics in high-conflict divorces.
What’s Really at Stake
While custody is the headline, the deeper story is one of money, image, and control.
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Bernad’s financial demand — reportedly $77,000 per month — suggests that financial leverage is central to his filings.
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For Sia, the case risks reopening public wounds about her past struggles with addiction — a battle she has spoken about candidly for years.
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Their son, Summi, is at the heart of a storm involving two parents locked in mutual suspicion, both invoking law enforcement investigations and medical records to gain advantage.
This case also reflects a broader issue in celebrity law: how addiction recovery and mental health are weaponized in custody disputes, especially when one partner has a high public profile and vast resources.
The Public Fallout
While Sia has stayed mostly quiet in public, insiders say the singer has been “devastated but determined.” Friends and former collaborators have reportedly rallied around her, describing her as a “fiercely protective mother doing everything right.”
Meanwhile, Bernad’s reputation as a medical professional faces growing scrutiny, as whispers about the police investigation — though closed — linger online.
Neither party’s representatives have commented publicly, and both have refrained from making social-media statements since the ruling. That silence has only fueled speculation, with fans flooding comment sections across Instagram and TikTok asking: “Who’s telling the truth?”
Expert View: Celebrity Custody Cases in the Spotlight
Family law attorneys say this case is a study in how not to handle a celebrity divorce.
Attorney Alan R. Silverman, J.D., M.A. (Silverman Family Law, APC, Carlsbad, CA) says;
"In California custody disputes, a judge doesn't care about a parent's 'bad behavior' unless it can be tied directly to endangerment of the child. Past substance abuse, old arrests, or general partying will not, on their own, change custody.
What matters is the current, documented impact on the children’s safety, health, and welfare. If a co-parent's drug use, alcohol abuse, or erratic behavior makes them unable to properly supervise or care for the child right now, the court will step in with restrictions like supervised visits, drug testing, or even a change in primary custody. The legal standard is always about the best interest of the children, not punishing the other parent."
What Happens Next
Legal analysts expect Bernad may re-file his request once new hearings are scheduled in early 2026. For now, Sia retains primary physical custody, while Bernad continues monitored visits.
Upcoming motions could also address child support, attorney fees, or spousal maintenance, as the couple’s financial picture comes under closer review.
Until then, Sia’s focus — according to friends — remains on her son and her sobriety. “She’s channeling the pain into her music,” said one insider. “But this time, the lyrics might hit closer to home than ever.”
What “Emergency Custody” Really Means — and Why Courts Rarely Grant It
In celebrity divorces like Sia’s, the phrase “emergency custody” tends to grab headlines — but in real life, it’s one of the hardest legal remedies to win. Many parents believe that if they fear for their child’s safety, a judge will instantly hand over custody. The truth is far more complex.
Under California Family Code §3064, an emergency or “ex parte” custody order can only be issued when there’s immediate and substantial risk of harm to the child — such as abuse, neglect, or exposure to criminal activity. Judges expect verifiable, current evidence, not emotional claims or recycled grievances. In Sia’s case, the court found no new proof of danger, which is why Dan Bernad’s motion for sole custody was denied.
Why This Matters for Parents Everywhere
For everyday parents — not just pop stars — this ruling highlights how crucial it is to understand the burden of proof in family court. Emergency motions aren’t a shortcut to change custody when relationships sour. Courts are trained to protect children from instability, meaning judges prefer documented patterns of harm, not past mistakes or general fears.
It also shows how accusations involving addiction or mental health are weighed. Recovery itself isn’t seen as unfitness; it’s often viewed as responsible parenting, especially when there’s consistent testing and treatment. The law recognizes relapse risk but balances it against a parent’s demonstrated stability.
The Hidden Cost of Misusing Emergency Motions
Family-law attorneys warn that misusing emergency filings can backfire. In some cases, repeated unsubstantiated claims can lead to sanctions or reduced credibility in later hearings. A 2024 California Judicial Council report found that nearly 60% of emergency custody requests are denied due to lack of immediate threat evidence. That statistic underscores how carefully courts guard against false or strategic filings — especially in high-conflict divorces.
The Takeaway: Know What Qualifies as an “Emergency”
For any parent facing custody issues, the key lesson is simple: prepare evidence before filing. Document incidents, communicate through written channels, and avoid using emergency orders as leverage. The law protects children — but it also protects due process.
In short, Sia’s win isn’t just a celebrity headline; it’s a reminder that family courts value proof, stability, and transparency over publicity or accusation. Whether you’re a global singer or a local parent, the same rule applies: only the truth that’s proven matters in court.
Sia Custody Battle People Also Ask
Who has custody of Sia’s son in 2025?
Sia currently holds primary physical custody of her son, while her estranged husband Dan Bernad has limited, professionally monitored visitation rights.
Was Sia’s husband investigated for child pornography?
According to Sia’s court filings, yes — though the LAPD and DCFS closed the case as inconclusive, and Bernad denies all wrongdoing.
Did Sia relapse?
No. Sia states she’s been sober for six months, undergoes regular testing, and has a sober companion as part of her recovery plan.
Can Bernad appeal the custody ruling?
Yes. The emergency motion was denied, but he can file a standard motion for modification or appeal in future proceedings.
Final Thoughts
For Sia, this isn’t just another tabloid scandal — it’s a fight for her child, her reputation, and her recovery. The court’s denial of Bernad’s emergency request is a clear win, but the broader custody case is far from over.
In an era where celebrity parenting and personal vulnerability collide under the lens of public opinion, Sia’s story is both a warning and a reflection — that even global fame can’t shield a mother from the hardest battles of all.
