Michael Jackson's mother was yesterday awarded temporary custody of his three children as the family fired the first shots in the legal battle over his estate.

Lawyers representing the family went to court to assert the right of Jackson's mother Katherine to take care of Michael Joseph Jackson Jr., known as Prince Michael, 12, Paris Michael Katherine Jackson, 11, and Prince Michael II, 7.

Los Angeles Superior Court Judge Mitchell Beckloff granted temporary guardianship to Katherine who has been looking after the children at the family compound since her son's death.

The family also moved to seize control of other elements of the Jackson legacy. They announced that they had sole “personal and legal authority” to act on behalf of their son and appointed Londell McMillan, an entertainment lawyer, as the family’s designated spokesman.

Jackson’s parents also asked for Katherine to be named as administrator of her late son’s estate. The court documents state that she intends to use her late son’s assets exclusively for his children “after payment of debts and expenses of administration”.

Mr McMillan said the family had not heard from Deborah Rowe, the mother of Jackson's two oldest children, about custody. The youngest son was born to an unknown surrogate mother. If Ms Rowe was given custody, it would be "detrimental" to the children, court papers claimed.

"I don't think there will be anybody who thinks that there is someone better" than Katherine Jackson to have custody, Mr McMillan said on NBC's "Today" show. "She is a very loving host of other grandchildren."

Frank DiLeo, Jackson's manager, said a will made by Jackson would be opened today and that it contained financial provisions for the children and his custody wishes. He said he did not know when the will was made.

Ms Rowe has yet to say whether she will contest custody. Experts say she has the strongest legal claim to Jackson's two oldest children, as she is their natural mother, despite the fact that she gave up here parental rights after her divorce from Jackson and has rarely seen them in the last few years as he travelled abroad with them.

Ms Rowe's only public statement has come from her attorney, Marta Almli: "Ms. Rowe's only thoughts at this time have been regarding the devastating loss Michael's family has suffered. 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."

Jackson's manager, Frank DiLeo, told NBC: "The will will be taken out of the safe today. I do know there are strict provisions in there about the finances for the children, the finances for the mother and who will get custody of the children in the case of a death."

He said it was "more than likely" that it will be Katherine Jackson who is named in the will as legal guardian "because Michael was extremely, extremely close to her".

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