A judge denied Dan Bernad’s emergency request for sole custody of his son with estranged wife Sia on Wednesday. The “Chandelier” singer’s husband filed the order earlier this week, but the court ruled there wasn’t sufficient evidence to constitute an emergency.
Sia filed for divorce from Bernad in March.
A source close to the situation tells PEOPLE that Sia is “devastated” by the public nature of the custody battle.
“She’s always been guarded about her personal life. She’s heartbroken that her ongoing divorce and custody battle has become public. She’s devastated that something so private has turned into a headline.”
The singer, known for covering her face in public appearances, has built her career on maintaining privacy despite her fame.
“She’s incredibly protective of her family, and this attention has been very painful for her.”
The source notes that while Sia has faced controversy before – including backlash over her “Elastic Heart” music video featuring Shia LaBeouf and then-underage Maddie Ziegler – this situation is different.
“She has never dealt with anything involving her child.”
Sobriety and Stability
In court filings dated Oct. 28, Sia addressed allegations about her sobriety. She stated she’s “been fully sober for over six months and working my program” after Bernad suggested otherwise in his emergency petition.
The source emphasizes that Sia’s main concern is protecting her 19-month-old son Somersault.
“Her focus is completely on her child right now. She’s proud of her sobriety and the stability she’s created and she wants to shield her child. She doesn’t want it overshadowed by court filings.”
Despite the public scrutiny, Sia is maintaining her focus on recovery and parenting.
“She’s had a very public career, but she’s managed to stay private in a way few artists can. This has been very difficult, but she’s staying focused on her child and her recovery.”
Support System
The singer’s close circle of friends in Los Angeles has rallied around her during this difficult time.
“She’s been living in Los Angeles for a long time and has a really close circle of celebrity friends who love her. They’ve all rallied around her. It’s not some Hollywood thing – these are real friends who just want to make sure she’s okay.”
Current Custody Arrangement
With the emergency order denied, Sia and Bernad will continue operating under their previous custody arrangement. This gives the “Titanium” artist primary custody of Somersault and allows for limited, monitored visitation for Bernad.
Sia also adopted two boys in 2019, who are now 18 years old.
A representative for Sia did not respond to requests for comment.
