The parents of a Texas toddler found dead in a drainage ditch in October are seeking to regain custody of their other child, a 4-year-old girl. Wesley and Sini Mathews appeared in court Monday to fight for custody of their daughter, but the case was postponed for the second time.

Wesley and Sini adopted 3-year-old Sherin from India two years ago. The toddler disappeared in August after her adoptive father said he left her outside in the middle of the night as punishment for not drinking her milk. After Sherin vanished, a 4-year-old biological daughter was removed from the Mathews’ home by Child Protective Services.

When Sherin’s body was later found in a drainage ditch by investigators, her father changed his story, telling authorities he watched the girl choke on her milk and then removed her body from the home. Wesley was subsequently arrested in connection with Sherin’s death.

Due to the circumstances surrounding the toddler’s death, authorities did not want to release her into her mother’s custody, according to reports. The 4-year-old could, however, be placed in the care of other family members in Houston, KXAS-TV reported.

Wesley remained behind bars in Dallas County Jail on charges of felony injury to a child. Sini, who was not charged in connection with Sherin’s death, was allowed to visit her 4-year-old daughter in foster care weekly. The next hearing in the case was scheduled for Nov. 29.

“She is still in foster care at this point – continuing to have visits once a week with the mother,” said CPS spokesperson Marissa Gonzalez, according to KTVT. “But once everyone is in agreement to place her with the relatives then we will be doing that.”

Following Sherin’s disappearance, CPS said it had prior contact with the Mathews family but gave no further deaths. A lawyer for Sini Mathews maintained the mother was in no way connected to Sherin’s death.

“She had nothing to do with Sherin’s death or the removal of her body from the home,” attorney Mitch Nolte said in a statement. “Mrs. Mathews is trying to grieve for her lost daughter while still caring for her remaining daughter. She is struggling to pick up the pieces of a shattered life.”