Michael Jackson’s ex-wife Debbie Rowe won a court delay last week that will give her time to mount a custody battle for her two children against Jackson’s mother.

It’s a fight one local legal expert said Rowe has a good chance of winning despite Jackson’s will, which states the children should be raised by the King of Pop’s mom, Katherine Jackson.

“You cannot pass on your children like a stamp collection or a stock portfolio,” said Suffolk University law professor Erik Pritchal. “While the parent’s choice carries some weight, the court makes the final decision based on what is best for the children at the time of death - which may be different than how it looked to the parent at the time he wrote the will.”

Rowe has not yet stated publicly that she intends to fight to win custody of the children. However, last week a guardianship hearing was delayed until July 13 at Rowe’s request. Jackson has two children with Rowe: Michael Joseph “Prince” Jr., 12, and Paris Michael Katherine, 11. He has a third child Prince Michael “Blanket” Jackson II, 7, with an as yet unidentified woman.

Katherine Jackson won temporary guardianship of all three children after the pop star’s death, and the singer stipulated she raise them if he died. However, Pritchal said Rowe has a nearly insurmountable legal claim to her children.

“California law is very clear that when there are two parents with legal rights, and the custodial parent dies, the children can only go to the person named in the custodial parent’s will if the surviving parent consents,” he said. “The reality is that she is the mother and she is the only legal parent they have.”

Should Rowe go to court, Pritchal said, her argument would be boosted by Katherine Jackson’s advanced age. He said the court will definitely consider whether a 79-year-old can properly care for the three children. Nonetheless, Pritchal said don’t count her out entirely. She has one slim chance of keeping the children.

“The only way a nonparent such as Katherine Jackson can take custody away from a parent is to prove that Katherine herself has played the role of parent for the children - providing day-to-day care - for a substantial period of time, and that it would be detrimental to send the kids to the mother,” Pritchal said.

As for little Blanket, Pritchal said Katherine Jackson likely will gain custody, unless the child’s real mother steps forward.

Thanks to bostonherald.com

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