The children of Jason Corbett look set to return to Ireland following the ruling by Judge April Wood, who has dismissed the case of Molly Martens - the children's step mother - who was seeking custody of Jack and Sarah.
It will mean Jason's sister Tracey Lynch can care for the children here.
The Limerick man died in a domestic incident earlier this month and police say they're not looking for anyone outside the home in relation to his death.
They were then handed over to Mr Corbett's sister Tracey Lynch, and her husband David.
His family in Ireland say it was Jason's wish that they would care for the children.
And they say they will not bury him until his children can be present for his funeral.
Catherine Fegan is a journalist with the Irish Daily Mail in North Carolina.
She told Newstalk Breakfast, before the judge's verdict, that there are hopes this could be the final hurdle.
