Because children aren't property, Perez, and can't be bound to the terms of a will. (And wills, like prenups, are never 100% ironclad, anyway). The US Supreme Court has a long-held precedent that biological parents, unless their parental rights have been affirmatively terminated by a court, have a FUNDAMENTAL right protected by the 14 Amendment to parent their children. They must be found unfit for this to be trumped. I'm not saying Debbie Rowe couldn't be found unfit, but we don't know that she will, either, and it's ridiculous to speculate about a case when we really know none of the material facts that are likely to be dispotive. The "best interests of the child" standard is applicable when there is a custody dispute between two natural parents or stepparents (such as in the case of a divorce). In the case of a natural parent (i.e. Ms. Rowe) vs. a nonparent (i.e. Katharine Jackson), the parental preference doctrine applies, and only in the event of a determinatition that the parent is "unfit" (an extremely high standard under the law, as opposed to the general public's opinion), the law presupposes that a natural parent, not found unfit, will have the children's best interests in mind. That's the law. If you don't like it, tough.
If she's the biological mother, she has a constitutionally protected right under the Due Process Clause of the 14th Amendment to have her children UNLESS there's a compelling reason(s) that it would not be in the children's best interest (her children) to be placed with their mother. If this was the type of case I work on every day, I'd say the court would award custody to Debbie Rowe (again, unless there's a compelling reason, other than that she hasn't been the residential custodian prior to this, that it would not be in the children's best interest to be placed with her) and award liberal visitation to the grandparents as interested parties.
HOWEVER, given the fame/money involved with this estate and custody issue, I would bet money that the Jacksons strike a deal with Debbie Rowe to have her not fight to get the kids. If she doesn't object to custody being granted to Katherine, it's likely they'll grant her custody.
HOWEVER, given the fame/money involved with this estate and custody issue, I would bet money that the Jacksons strike a deal with Debbie Rowe to have her not fight to get the kids. If she doesn't object to custody being granted to Katherine, it's likely they'll grant her custody.