A JUDGE has denied Lisa Marie Presley's attorney's request to dismiss the late star's custody battle with her ex-husband Michael Lockwood, The U.S. Sun can exclusively reveal.

Presley's lawyer, Gary Fishbein, told Judge Joseph Lipner during a Zoom court hearing on Tuesday that the case involving the custody dispute over their twin daughters should be thrown out.

Fishbein said the case should be dismissed because there is nothing else regarding the custody battle that is pending and his client is "sadly no longer with us."

Presley's lawyer said the marriage status between the late star and Lockwood was dissolved and the child support order survives.

But a minute order obtained by The U.S. Sun reads: "Counsel for Petitioner argued in favor of the Court dismissing the case in light of the death of their client.

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"Later this date in chambers the Court rules as follows: The Court has considered the argument. Because the case has already proceeded to judgment on both the dissolution of status and other issues, the Court declines to dismiss the action."

Tuesday's court hearing acknowledged that Lockwood now has 'de facto' full custody of his daughters, 14-year-old Harper and Finley, judicial assistant Gus Morales told DailyMail.com.

He will continue to have custody of the girls unless another family member disputes under the probate court's ongoing case.

Presley tied the knot with Lockwood - her fourth husband - in 2006, but the late star filed for divorce in 2016.

Elvis's only daughter died on January 12 after suffering from cardiac arrest at her home in Calabasas, California.

Lockwood, 61, reportedly has a good chance of keeping the girls, who have made it clear that they want to live full-time with their father, sources previously told TMZ.

They have been living with the musician and his new wife, celebrity hairstylist Stephanie Hobgood, since Presley's death.

CUSTODY RUMORS

There were previously rumors that Danny Keough, her second husband, might want custody.

He moved into the family home over two years ago following the tragic death of their son, Benjamin, who took his own life.

However, according to California law, Keough wouldn't be in the position to get custody, although he may try and fight for it in court.

Court documents previously showed Lockwood's lawyer, Joseph Yanny, asked for a case management conference, requesting it to be filed under seal, which was granted by a judge.

Lockwood already had joint custody of the twins with Presley following a years-long battle which he claimed in court filings has left him facing bankruptcy.

"It'll be a cold day in hell before he gives up custody of those children," a source connected to Lockwood told TMZ.

He revealed in other court documents that he had been "left in the dark" over his ex's estate, as his lawyer filed a "notice of the death of a party."

He claimed they have no idea who will be distributing assets to beneficiaries and who the Trustees of the estate are, according to the filing.

New court documents filed last week by Lockwood in Los Angeles County Superior Court show he should be appointed as the guardian to represent his daughters in an upcoming hearing in probate court.

ESTATE BATTLE

It is scheduled to take place on April 13 and counsel for the girls filed a declaration in support of their father's petition.

Lockwood declared in the filing that he wants to officially be appointed as the twins' guardian ad litem because "the minor is a beneficiary of a trust at issue before the probate court in the above-referenced case. The minor requires [the] appointment of a guardian ad litem to represent her interests in the proceeding."

The papers add: "There is no conflict regarding appointment because the proposed guardian is not a beneficiary of the trust instrument at issue."

Lockwood's daughters signed consent forms to him being their guardian ad litem, according to the court documents.

An insider said the father-of-two moved into a modest three-bed, two-bath property roughly 38 miles from Calabasas in Monterey Park, worth around $800k last year, which is believed to be rented. 

Lockwood and his wife have also been caring for his elderly mother, Vivian, who lives with them. 

Meanwhile, his former mother-in-law Priscilla, 77, has filed legal documents disputing who oversees the estate of her late daughter, after they spent the best part of a decade estranged.

A Los Angeles filing last week disputes the validity of a 2016 amendment to her living trust that removed her mom and a former business manager and replaced them with the late singer's two oldest children, Riley and late Benjamin.

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Presley's documents say there are a number of issues that bring the trust amendment's authenticity into doubt, including the fact that she wasn't notified of the change.

Sources tell The U.S. Sun that Priscilla and Lockwood remain close, while she is currently not on speaking terms with granddaughter Riley Keough, 33.

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