Debbie Rowe can gain custody of the children but Jackson's family will not give it up

After Michael Jackson's untimely death due to heart attack, the custody of his three children Michael Joseph "Prince" Jackson, Jr.(12), Paris Michael Katherine Jackson (11) and Prince “Blanket” Michael Jackson II (7). will be a hot topic.

Dermatologist nurse Debbie Rowe, mother of Prince Michael and Paris can now gain custody if she chooses even though she gave up her custody rights to the father during the custody battle.

According to People, "During the custody fight between Rowe and Jackson in 2005, Rowe sought to give up her parental rights, and lauded Michael as a good father. Retired Judge Stephen Lachs, who presided over the hearing, at first agreed to terminate them, but then Lachs changed his mind and returned the rights to her."

"She lost them, and then she got them back," Finsilver says. Finsilver said she spoke to Rowe on Thursday but she cannot say what Rowe plans to do. "She was inconsolable."

But it seems Michael Jackson's family will not give up the custody of Prince Michael and Paris to Debbie Rowe.

According to TMZ, The family is currently gathered together and they are reacting to our story this morning that Rowe never legally gave up her custody rights. Under California law, Rowe is in a position to get custody of her biological kids if she wants them, provided it would not be detrimental to the children.

The family complained to us the kids don't even know Debbie Rowe -- she hasn't been a part of their lives. They say the kids must remain "within the family."

Jackson family attorney Brian Oxman says Jackson's mother would be a natural guardian for the kids but the decision still in hands of the court, "Katherine is the logical choice – she has all the grandkids and nieces around her but it will be up to the courts."