Michael Jackson’s ex-wife will be awarded custody of her two children with the pop superstar, after it emerged she never gave up her rights as a parent.

The King of Pop passed away on Thursday at the UCLA Medical Center in California after suffering a cardiac arrest.

The 50 year old is survived by his kids with former nurse Debbie Rowe - Michael Joseph Jackson. Jr, who he later dubbed Prince, 12, and Paris Michael Katherine Jackson, 11 - as well as Michael Jackson II, known as Blanket, seven, who was delivered by an unknown surrogate mother.

The Jackson family lawyer, Brian Oxman, initially suggested Jackson's mother Katherine would gain custody of her three grandchildren because it was widely believed Rowe had given up her rights to the elder kids following their divorce in 1999.

But TMZ.com has revealed Rowe is still legally considered Prince and Paris' guardian, because Judge Stephen Lachs, who oversaw a 2005 custody battle, had actually overturned his initial decision.

The website claims the lawyer who represented Jackson throughout the case, Lance Spiegel, has confirmed the news, admitting the only reason Rowe would not be handed custody was if she was found to be "detrimental to the children".

She has remained in hiding since news of Jackson's untimely death broke, although local police have had to provide protection by blocking off her Palmdale, California ranch to stop paparazzi from intruding on her property.