what would be BEST for Micheals children

[Cherie762]

those poor kids, thrust in the limelight, to loose their only parent, so sad. Seeems to be a bit of dysfunction ever option of where they could go....what do ya all think...they need to be kept together in my opinion.

[jdwithhcv]

second sentence should say Ms Rowe may have relinquished...etc.

[jdwithhcv]

While you are right that the birth mothers have custody under operation of law, we just don't know what prior proceedings may have transpired here.  Ms Rowe may relinquished her parental rights, not that I think it likely but given the peculiar circumstances surrounding these family arrangements, and the great disparity between the parties as to money and power, its hard for me to rule out the possibility.  I wonder what Ms Rowe wants now, and truthfully I have always wondered about her actions.

End of the day, the standard for the court is the best interest of the children.  There will likely be a long inquiry to determine just what that best interest may be.  There often is.

[swampcritter]

Its seems pretty simple.

The biological surviving parent (in this case, Debbie Rowe) gets custody of the two children that are hers.

The third child gets to stay with the Jackson family, as that child was borne of an anonymous surrogate.

Michael's mother gets some modest amount of visitation for all children.

Then, if the surviving parent is either 1) unable to perform the duty of a parent, 2) unwilling to take the children, that should be a separate issue.

Had it been the biological mother who died, the children would automatically go to the biological father. Remember Elian Gonzalas? Same issue, but in reverse.

For some reason the mother has decided not to fight for custody.

[Cherie762]

well said April and Teko of its for the courts for sure, I hope the kids dont get put through too much, poor babies, I feel bad for them, some were envious of Fame and Fortune, it sure can not buy happiness.

[April2]

Hopefully Michael had a will. Let this be a reminder to everyone to make sure you have a will. None of us ever think something like that could happen to us but it does happen. I had two friends who were killed in a bad car accident several years ago and were both killed. They were only 25 and 26 years old. They left behind a 4 year old and 2 year old. They had no will. Last I heard the kids went to their grandparents but the sister wanted the kids.
You really don't want to have to put your family through such difficult decisions. It's hard enough deciding who gets what materially. If you get all that straightened out ahead of time you won't have the fighting, hurt feelings or just plain stress between your family members. Don't do that to them. Make a will.

[peekawho]

I don't think its really up to anyone but the courts to decide.  They will no doubt look at what his own wishes were, and will appoint someone to look after the best interests of the children.