Jackson Family Wins Temporary Guardianship of Three Children

Michael Jackson's family won the first round in what could be a long protracted legal battle today when it was granted temporary guardianship of his three children.

His mother, Katherine, filed for custody of the children in the Los Angeles Superior Court today and was granted control until the case is heard on August 3.

The three children - Prince Michael Junior, aged 12, Paris Michael Katherine, 11, and Prince Michael II, 7 - have been staying with her at her home in Encino, Los Angeles, since the singer's death on Thursday.

There has been no indication of a legal challenge from Debbie Rowe, the biological mother of his two oldest children. The youngest was born to a surrogate mother, who has not been publicly identified and was listed in the petition under the section mother as "none".

The petition shows that Katherine Jackson, aged 79, is also seeking to take over the children's estate, according to the Associated Press news agency. The value was listed as "unknown".

The petition, arguing why Katherine Jackson should have control of the children, states: "Minor children are currently residing with paternal grandmother. They have a long established relationship with paternal grandmother and are comfortable in her care."

Jackson's father, Joe, aged 80, said last night, at the BET entertainment awards ceremony in Los Angeles that turned into a tribute to his son, said he and his wife alone were in charge of the children and his legacy

The family's lawyer, Londell McMillan, told NBC news the children should be raised by their grandmother because "I don't think there will be anybody who thinks that there is someone better". He did not anticipate a challenge from Rowe, a former nurse who filed for a divorce in 1999 after only three years of marriage.

She signed an agreement with the singer in 2006 about her rights to the children but the details have not been made public. As the biological mother she would have a strong claim on the two oldest children, even if the singer's will was to propose the grandmother be given custody.

Rowe's lawyer at the weekend issued a statement that offered no hint of her intentions. "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," it said.

Jackson's parents and other members of the family, as well as friends, gathered an Encino today discuss funeral arrangements, possibly at the singer's entertainment park Neverland, and a tribute event.

The cause of his death remained a mystery. Edward Chernoff,a lawyer for the doctor, Conrad Murray, told AP news agency yesterday his client had not injected Jackson with painkillers before his fatal heart attack. "Dr Murray has never prescribed nor administered Demerol to Michael Jackson. Not ever. Not that day ... Not Oxycontin [either] for that matter," Chernoff said.

Jackson, the lawyer said, still had a faint pulse and a warm body when Murray found him in bed in his mansion and immediately began trying to resuscitate him.

Jackson's family requested a private autopsy.

His death has revived interest in his music, which over the weekend was blaring out of shops and cars across the US. On ITunes Stores , Jackson accounted for 40 of the top 100 songs, nine of the top 15 albums and 25 of the top 30 music video downloads. On Amazon Store, he accounted for 10 of the top 25 most downloaded CD albums and five of the top DVDs.