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Marc Malkin

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Family Had Concern About Michael Jackson's Health

Fri., Jun. 26, 2009 12:02 PM PDT by Marc Malkin

HECTOR MATA/AFP/Getty Images

While no one would have thought it would come to this, Michael Jackson's parents, Katherine and Joe, had been worried recently about their son's physical and mental well-being.

"The truth is, they were concerned about his health because he worked around the clock, and he didn't sleep right," Katherine and Joe's attorney, Debra Opri, just told me. "He was frail in heart and mind…He was a very frail personality—physically and emotionally."

This doesn't mean the family is assuming that Michael died of a drug overdose...

"It could have been one of a million things," Opri said, adding, "It's not an issue until we see the autopsy. We'll find out what was in his system."

As for custody of his children, Opri insists Katherine will likely take over. She believes Debbie Rowe—Michael's ex-wife and mother of his two oldest children, Prince Michael, 12, and Paris, 11—has no legal rights to gain custody of her kids.

"We are almost certain that there is a written instrument which exists where Debbie Rowe ultimately surrendered fully and finally her parental rights," Opri said.

This is despite claims by Rowe's attorney, Iris Finsilver, who is not currently representing Rowe but has no doubt she'll seek custody of the children.

Opri, however, added the family is also almost certain there is legal paperwork naming Katherine as "the custodial nonparent" in the event of Michael's death.

"When it came to Michael's children, he had everything covered," Opri said. "They will be well provided for."

Prince Michael, Paris and Prince Michael II (born via a never-identified surrogate) are currently with Katherine in what Opri described as "shutdown mode."