Custody battle expected to land in court

LOS ANGELES — Uncertainty continued Saturday about who will care for Michael Jackson's children after his death. What is almost certain is this: Their fate will be decided in a courtroom.

Experts say the person who has the strongest legal claim to Jackson's two oldest children is their mother, Deborah Rowe. As for the youngest child, Jackson's wishes will be more influential.

Jackson left three children: Prince Michael Joseph, 12; Paris Michael Katherine, 11; and Prince Michael II, 7. The elder children were born to Rowe, while the youngest is his biological son, born to a surrogate mother.

It remains unclear who Jackson designated as potential guardians.

Rowe's attorney, Marta Almli, didn't address the issue Saturday, saying, "Ms. Rowe requests that Michael's family, and particularly the children, be spared such harmful, sensationalist speculation and that they be able to say goodbye to their loved one in peace."

Prince Michael II's mother has never been identified, and it is likely she signed away her rights, as did Rowe, said Stacy Phillips, a Los Angeles divorce attorney.

Rowe married Jackson in 1996 but filed for divorce in 1999. Jackson and Rowe apparently agreed in 2006 regarding her parental rights, but the terms were not disclosed.

"If he did indicate a preference (about who should care for his children), that will be given great weight, but that will not be determinative," said Los Angeles attorney Gloria Allred. "Children are not property."

She agreed Rowe has better legal standing than others who apply for custody of Jackson's eldest children. But a court will also take into account with whom the children have a relationship, and that may not work in Rowe's favor. It is unclear how often she has seen the children. It is also unclear what role the children's godfather, former British child actor Mark Lester, may play in the proceedings.

Whoever wins custody won't automatically gain control of their inheritance, Phillips said. The children's guardian will receive payments based on Jackson's estate, she said.